Opinion
December 8, 1986
Appeal from the Supreme Court, Kings County (Lawrence, J.).
Ordered that the judgment is affirmed.
The defendant's contention with respect to the court's charge has not been preserved for appellate review (see, CPL 470.05; People v. Robinson, 103 A.D.2d 852). Under the circumstances of this case, in particular the overwhelming proof of guilt, reversal in the interest of justice is not warranted.
We find no abuse of discretion in the trial court's denial of the defendant's midtrial request for a severance (see, CPL 200.40; People v. Lane, 56 N.Y.2d 1; People v. Bornholdt, 33 N.Y.2d 75, cert denied sub nom. Victory v. New York, 416 U.S. 905; People v. Torres, 118 A.D.2d 821, appeal denied 68 N.Y.2d 672). The sentence imposed was appropriate under the circumstances and we see no reason to disturb it (see, People v. Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining arguments, including those made in his pro se supplemental brief, and have found them to be either unpreserved for appellate review or lacking in merit. Mollen, P.J., Bracken, Brown and Sullivan, JJ., concur.