Opinion
December 7, 1998
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the joinder of the theft-related counts with the drug possession count in this case was legally erroneous, since at trial he never challenged the joinder as being either violative of CPL 200.20 (2) or otherwise unlawful ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). Furthermore, since the defendant's motion for a discretionary severance pursuant to CPL 200.20 (3) was untimely ( see, CPL 255.20, [4]), and the defendant suffered no actual prejudice as a result of the joint presentation of the counts ( see, People v. Trama, 160 A.D.2d 748), we discern no basis for disturbing the Supreme Court's denial of the motion.
O'Brien, J.P., Sullivan, Krausman and Florio, JJ., concur.