People v. Marks

— Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in refusing to sever defendant’s trial from that of his codefendant. Defendant’s motion was untimely (CPL 255.20, 200.40 [1]) and his showing insufficient. Upon review of the record, we find that there was no impairment of substantial rights unseen before trial (see, People v Fisher, 249 NY 419, 427). The alleged errors in jury instructions were not preserved and we do not find that defendant was deprived of a fair trial (see, *978CPL 470.15 [6] [a]; People v Robinson, 36 NY2d 224, 228, rearg denied 37 NY2d…