Opinion
July 12, 1989
Appeal from the Erie County Court, McCarthy, J.
Present — Doerr, J.P., Denman, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant's motion for severance because the crimes alleged in the indictment were properly joined (see, CPL 200.20 [c]; People v Jenkins, 50 N.Y.2d 981) and defendant did not make a convincing showing that he had a genuine need to refrain from testifying on some of the charges or that the risk of prejudice from a joint trial was substantial (see, CPL 200.20 [a], [b]; People v Lane, 56 N.Y.2d 1; People v Mercer, 151 A.D.2d 1004; People v Casiano, 138 A.D.2d 892, lv denied 72 N.Y.2d 857; People v Hoke, 96 A.D.2d 677). We have considered defendant's remaining claims and find that they are either unpreserved or lack merit.