Opinion
1999-00460
Submitted November 19, 2001
December 3, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered December 15, 1998, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.
Carol Kahn, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y.(Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that he was entitled to a separate trial from that of his codefendants is unpreserved for appellate review, since he did not move for that relief in the Supreme Court. In any event, since the same evidence was required in the cases against the defendant and his codefendants, conducting separate trials would have constituted a waste of judicial time and resources (see, People v. Becker, 189 A.D.2d 881; see also, People v. Delacruz, 289 A.D.2d 254 [Appellate Division Docket Nos. 1999-00326 and 1999-00328, decided herewith]; People v. Sanchez, 289 A.D.2d 265 [Appellate Division Docket No. 1999-00457, decided herewith]).
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to charge the jury on the affirmative defense of duress, since there was no basis to submit that charge to the jury (see, People v. Karian, 247 A.D.2d 634).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and FEUERSTEIN, JJ., concur.