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PEOPLE v. HAYES

127 A.D.2d 607 (1987)

The People of the State of New York, Respondent, v. Daniel Hayes, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 2, 1987

Ordered that the judgment is affirmed.

The defendant's claim that the court erred in admitting a codefendant's confession which implicated him and in not severing his case from that of his codefendant (see, Bruton v United States, 391 U.S. 123) was not adequately raised below; nor did he request a severance. The defendant did not take advantage of the opportunity to move to exclude the statement prior to the trial, but...

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