People v. Napolitano

—Judgment of the Supreme Court, New York County (Ernst Rosenberger, J.), rendered October 18, 1982, convicting defendant of one count of grand larceny in the second degree and one count of grand larceny in the third degree and imposing concurrent sentences, affirmed.

We find that the denial by the trial court of defendant’s pretrial motion to sever the two counts of the indictment charging grand larceny in the second and third degrees (CPL 200.20, subd 3) did not constitute an abuse of discretion as a matter of law. As indicated in the dissent of our brother Sullivan, which fairly sets forth…