People v. Suber

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion for a severance. Where, as here, “proof against the defendants is supplied by the same evidence, only the most cogent reasons warrant a severance” (People v Bornholdt, 33 NY2d 75, 87, cert denied sub nom. Victory v New York, 416 US 905). The court did not abuse its discretion in denying defendant’s request for an order requiring the appearance of the identifying witness at the Wade hearing. Defendant’s contention that the witness would have testified that the identification procedure was unduly…