Opinion
March 8, 1993
Appeal from the Supreme Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
This criminal prosecution was commenced by a single indictment charging the defendant with robbery in the first degree and related offenses arising from two incidents, one on August 29, 1985, and the other on September 7, 1985, when the defendant robbed the same gas station in Freeport, New York.
The defendant contends that the trial court erred in conducting a joint trial of the crimes charged. However, the defendant's failure to move to sever the indictment, or for separate trials, renders his present assertion unpreserved for appellate review as a matter of law (see, CPL 470.05; People v. Evans, 161 A.D.2d 790, 791). In any event, it is well settled that separate offenses are joinable in a single indictment and may be tried together when the "offenses are defined by the same or similar statutory provisions and consequently are the same or similar in law" (CPL 200.20[c]; see, People v. Jenkins, 50 N.Y.2d 981). Insofar as the defendant did not object to a joint trial, he wholly failed to make a convincing showing that he would be unduly and genuinely prejudiced by the joint trial of these cases, and to demonstrate in concrete terms that he had a strong need to refrain from testifying concerning the charges arising from one incident, and important testimony to present concerning the second incident (see, People v. Lane, 56 N.Y.2d 1; People v Shapiro, 50 N.Y.2d 747; People v. O'Dell, 185 A.D.2d 901).
We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Eiber, Ritter and Pizzuto, JJ., concur.