Opinion
May 11, 1990
Appeal from the Livingston County Court, Cicoria, J.
Present — Denman, J.P., Pine, Balio, Lawton and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted, after a joint trial with three codefendants, of charges stemming from an escape from the Livingston County Jail. We reject defendant's argument that the court abused its discretion in denying his motion for a severance; we find that the joint trial did not result in unfair prejudice to him nor did it substantially impair his defense (see, People v. Cruz, 66 N.Y.2d 61, 73-74, revd on other grounds 481 U.S. 186). Further, defendant was not denied a speedy trial nor was his sentence harsh or excessive. The remaining issues raised by defendant have been determined to be without merit on the appeals of his codefendants (People v. Lowery, 155 A.D.2d 957; People v. Sullivan, 148 A.D.2d 995, lv denied 74 N.Y.2d 852; People v. Kanaval, 148 A.D.2d 996, lv denied 74 N.Y.2d 848).