People v. Tolbert

—Judgment of the Supreme Court, New York County (Mary Davis, J.), rendered September 5, 1991, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

*172The court properly exercised its discretion under CPL 255.20 (1) and (3) in denying defendant’s severance motion, finding that there was no good cause shown as required by CPL 200.40 (1) (d) (iii). "[T]he court is not required to sever where the possibility of the codefendant’s testifying is…