People v. Ortiz

—Re-sentence unanimously affirmed. Memorandum: We disagree with defendant that County Court erred in denying his request for a severance. The alibi defense of defendant was not in irreconcilable conflict with the defense of his codefendant (see, People v Mahbouhian, 74 NY2d 174, 184). Contrary to defendant’s contention, the court gave an expanded jury instruction on identification, as requested by defendant (see, People v Whalen, 59 NY2d 273, 279; People v Hill, 212 AD2d 1063, lv denied 85 NY2d 939). We reject the contention of defendant that he was erroneously excluded from sidebar…