Opinion
May 19, 1998
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.)
By consenting to the joinder of defendants and the codefendants indictment, by failing to request severance and by explicitly requesting a limiting instruction when the court admitted the statement of the non-testifying co-defendant, defendant has waived his present claim that he was denied the right of confrontation ( see, People v. Graham, 228 A.D.2d 299, lv. denied 88 N.Y.2d 985). In any event, given the overwhelming evidence of guilt, the Bruton error ( Bruton v. United States, 391 U.S. 123) was harmless beyond a reasonable doubt ( see, People v. Hamlin, 71 N.Y.2d 750, 758).
Review of defendants claim of ineffective assistance of counsel would require a further record to be developed by way of an appropriate motion pursuant to CPL 440.10 ( see, People v. Love, 57 N.Y.2d 998). Based on the existing record, we find defendant was afforded the effective assistance of counsel ( see, People v. Hobot, 84 N.Y.2d 1021, 1024;. People v. Baldi, 54 N.Y.2d 137).
We have considered defendants remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.