Opinion
April 17, 1989
Appeal from the County Court, Suffolk County (Tisch, J.).
Ordered that the judgments are affirmed.
The judgments of conviction arise out of three East Northport house burglaries for which the defendant was indicted under two separate indictments. The defendant contends that the court erred in holding a joint trial of the charges in the two indictments. Contrary to the defendant's contention we find that the court did not abuse its discretion in holding a joint trial (see, CPL 200.20). The offenses in both indictments were based on the same statutory provisions (see, CPL 200.20 [c]). The defendant failed to demonstrate that a joint trial would prejudice his right to a fair trial and did not make the required showing that he had important testimony to give with respect to one indictment and a strong need to refrain from testifying with respect to the other (see, People v. Lane, 56 N.Y.2d 1; People v Burton, 134 A.D.2d 269).
Furthermore, we find that the hearing court properly denied the defendant's motion to suppress the showup identification made by complainant Maureen Ohlmann at the scene of the crime. This showup occurred in close time and proximity to the event, while the complainant's memory was fresh, and under the circumstances in which it transpired, it was not unduly suggestive (see, People v. Ellis, 126 A.D.2d 663; People v. Brnja, 70 A.D.2d 17, affd 50 N.Y.2d 366).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Brown and Harwood, JJ., concur.