People v. Nesbitt

—Judgment, Supreme Court, New York County (Richard T. Andrias, J.), rendered November 20, 1991, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.

The trial court did not abuse its discretion in denying defendant’s motion for severance. Rather, the trial court properly found that the core of the defense offered by defendant and codefendant Sanchez, respectively, was similar, i.e., each testified that he was present at the scene to purchase…