Opinion
1999-00457
Submitted November 19, 2001
December 3, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered December 15, 1998, convicting him of criminal sale of a controlled substance in the first degree (six counts), criminal sale of a controlled substance in the third degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
David W. Windley, Brooklyn, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the Supreme Court erred when, in denying the prosecution's motion to introduce evidence of other criminal charges pending against him, it indicated that it might revisit the issue if he opened the door to such evidence. This contention is unpreserved for appellate review (see, CPL 470.05). In any event, a prosecutor may inquire "into pending criminal charges if a defendant, in taking the stand, makes assertions that open the door and render those charges relevant for contradiction and response" (People v. Betts, 70 N.Y.2d 289, 295).
The defendant's motion for a separate trial from that of his codefendants was untimely, as it was made after the commencement of trial (see, People v. Becker, 189 A.D.2d 881; People v. Bornholdt, 33 N.Y.2d 75). In any event, since the same evidence was required in the cases against the defendant and his codefendants, conducting separate trials would have constituted a waste of judicial time and resources (see, People v. Becker, supra; see also, People v. Delacruz, 289 A.D.2d 254 [Appellate Division Docket Nos. 1999-00326 and 1999-00328, decided herewith]; People v. Garcia, 289 A.D.2d 256 [Appellate Division Docket No. 1999-00460, decided herewith]).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and FEUERSTEIN, JJ., concur.