Opinion
February 22, 1994
Appeal from the Supreme Court, New York County (James Leff, J.).
The trial court appropriately exercised its discretion in denying defendant's motion for severance on the ground that the codefendant's exculpatory testimony was necessary to his defense, as counsel for the codefendant specifically represented on the record that the codefendant would invoke his Fifth Amendment right should he be called upon to testify and, indeed, had no intention of exonerating defendant (People v. Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom. Victory v. New York, 416 U.S. 905).
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.