Opinion
June 20, 1994
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the judgment is affirmed.
The defendant's moving papers, on their face, did not show the existence of an unexcused delay greater than six months. Therefore, the Supreme Court properly refused to dismiss the indictment on the ground that he was denied his statutory right to a speedy trial (CPL 30.30, [4] [a], [d]; see generally, People v. Santos, 68 N.Y.2d 859). Moreover, the defendant failed to demonstrate that he was deprived of his constitutional right to a speedy trial, specifically that he suffered any prejudice resulting from the delay (see, Barker v. Wingo, 407 U.S. 514, 530; People v. Taranovich, 37 N.Y.2d 442; People v. Penna, 203 A.D.2d 392).
The defendant's severance motion was untimely (CPL 255.10 [g]; 255.20 [2]), and he did not demonstrate "good cause" for the untimeliness (CPL 255.20; see, People v. Doby, 178 A.D.2d 427). In any event, as the defendant and the codefendant were charged with "acting in concert" in committing most of the offenses charged, the proof against the defendants was supplied by the same evidence and all of the offenses charged were based upon the same criminal transaction, the trial court properly denied the defendant's motion for a separate trial (CPL 200.40 [a], [c]; see, People v. Mahboubian, 74 N.Y.2d 174; People v Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom. Victory v. New York, 416 U.S. 905; People v. Miceli, 199 A.D.2d 542). Moreover, the defendant did not demonstrate that his defense and that of the codefendant were in "irreconcilable conflict" (People v Mahboubian, supra, at 184; see also, People v. Santiago, 204 A.D.2d 497), and the fact that the defendant could have been cross-examined by the codefendant regarding his prior convictions was not sufficient to warrant severance in this case (see, People v. Brodie, 170 A.D.2d 519, 520).
We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find that they are without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.