Opinion
December 7, 1999
Judgment, Supreme Court, Bronx County (Irene Duffy, J., on severance motion; Roger Hayes, J., at plea and sentence), rendered April 21, 1995, convicting defendant of burglary in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
Allen H. Saperstein, for respondent.
Judith E. Stein, for defendant-appellant.
SULLIVAN, J.P., ROSENBERGER, TOM, MAZZARELLI, WALLACH, JJ.
By pleading guilty, defendant forfeited his right to appellate review of the denial of his motion to sever the counts of the indictment (People v. Rodriguez, 238 A.D.2d 150, lv denied 90 N.Y.2d 897;see also, People v. Taylor, 65 N.Y.2d 1). Defendant's purported reservation of the right to raise the severance issue on appeal was ineffectual, notwithstanding the sentencing court's approval and the prosecutor's acquiescence (People v. Thomas, 53 N.Y.2d 338; People v. Nelson, 173 A.D.2d 205, lv denied 78 N.Y.2d 956). In any event, joinder was proper pursuant to CPL 220.20(2)(b).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.