Opinion
June 2, 1997
Appeal from the Supreme Court, Kings Count (Egitto, J.).
Ordered that the judgment is affirmed.
Since the owner of the car, the defendant's girlfriend, voluntarily consented to the search of the car after the defendant was arrested and after the car was impounded and brought to the precinct, the subsequent search in which the police recovered narcotics and guns was not illegal (see, People v Gonzalez, 39 N.Y.2d 122, 129).
Moreover, the trial court did not improvidently exercise its discretion in declining to sever the trial of the counts of the indictment charging narcotics and weapons possession from the counts charging homicide, since evidence relating to possession of the narcotics and weapons was material and admissible to establish the defendant's consciousness of guilt in relation to his actions which contributed to the death of his infant son (CPL 200.20 [b]; see, People v. Bongarzone, 69 N.Y.2d 892).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (CPL 470.05; see, People v. Udzinski, 146 A.D.2d 245).
Bracken, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.