Opinion
Submitted October 19, 1999
November 30, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered November 20, 1996, convicting him of kidnapping in the first degree (four counts), burglary in the first degree, robbery in the first degree (three counts), robbery in the second degree (three counts), and assault in the second degree (four counts), upon a jury verdict, and imposing sentence.
Robert DiDio, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Joan Yang of counsel), for respondent.
DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he is not entitled to a new trial on the ground that the Supreme Court failed to sever his trial from that of his codefendants, Hong Ji and Guo Yan Zheng ( see, People v. Mahboubian, 74 N.Y.2d 174, 183). The codefendants' confessions were redacted so as to avoid undue prejudice to the defendant. References in the redacted statements to other persons involved in these crimes, which were committed by the defendant, the two codefendants, and two others, did not necessarily inculpate the defendant ( see, e.g., People v. Sutter, 162 A.D.2d 644).
The Supreme Court did not err in imposing consecutive sentences for the two kidnappings, which were distinct acts ( see, People v. Brathwaite, 63 N.Y.2d 839; People v. Diaz, 210 A.D.2d 248; People v. Mondello, 191 A.D.2d 462, 464). Moreover, the sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
RITTER, J.P., JOY, GOLDSTEIN, and McGINITY, JJ., concur.