Opinion
September 15, 1997
Appeal from the County Court, Nassau County (Kowtna, J.).
Ordered that the judgment is affirmed.
The defendant failed to establish the need for the testimony of Officer Baran, an identifying witness, at the Wade hearing. All of the relevant facts necessary to render a determination were elicited from the officers who did testify at the hearing. Thus, the court did not err in denying the defendant's application to compel Officer Baran's testimony ( see, People v. Chipp, 75 N.Y.2d 327; People v. Padilla, 219 A.D.2d 688). Further, the court did not improvidently exercise its discretion in denying the defendant's motion for a severance where, inter alia, his defense and that presented by his codefendant were not in irreconcilable conflict, and the defendant failed to establish that, if a severance was granted, his codefendant would provide exculpatory testimony in his behalf ( see, People v. Cardwell, 78 N.Y.2d 996; People v. Mahboubian, 74 N.Y.2d 174; People v. Le Grande, 162 A.D.2d 474; People v. Mouzon, 154 A.D.2d 626).
The court did not err in denying the admission into evidence of certain recorded statements allegedly made by the codefendant. The statements sought to be entered were, inter alia, neither against the codefendant's penal interest ( see, People v. Thomas, 68 N.Y.2d 194; People v. Shortridge, 65 N.Y.2d 309; People v. Settles, 46 N.Y.2d 154), nor sufficiently critical to the defense and otherwise trustworthy and reliable to warrant their admission ( see, People v. Esteves, 152 A.D.2d 406).
We have considered the defendant's remaining contentions and find them to be without merit.
Ritter, J.P., Thompson, Friedmann and McGinity, JJ., concur.