People v. Hill

— Judgment unanimously affirmed. Memorandum: Defendant contends that County Court abused its discretion in denying his motion to sever because the defense he offered at trial and that offered by his codefendant were in irreconcilable conflict. Although his pretrial motion for an order of severance asserted that their defenses were "antagonistic”, at trial, defendant proceeded on an entirely different theory. In any event, we conclude that defendant’s contention is without merit. From our examination of defendant’s testimony and the theory of the codefendant’s defense, we do not find the…