Opinion
May 28, 1993
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Green, Balio, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant's motion to sever the counts of the indictment relating to the robbery on April 4, 1989 from those relating to the robbery on June 20, 1989. Defendant failed to make a convincing showing, in concrete terms, that he had both important testimony to give concerning the April 4 incident and a genuine need to refrain from testifying concerning the June 20 incident (see, CPL 200.20 [b]; People v Lane, 56 N.Y.2d 1, 10; People v Cabrera, 188 A.D.2d 1062). We agree with the trial court's conclusion that defendant's statement to the police following the April 4 robbery was inadmissible (see, People v Brown, 159 A.D.2d 956, lv denied 78 N.Y.2d 1009; People v Dvoroznak, 127 A.D.2d 785). The trial court properly denied defendant's request to charge that his claim of right was an affirmative defense to the robbery and larceny charges arising from the June 20 incident (see, Penal Law § 155.15; People v Reid, 69 N.Y.2d 469, 475-476).