PEOPLE v. ARAMAS

By consenting to the joinder of defendants and the codefendants indictment, by failing to request severance and by explicitly requesting a limiting instruction when the court admitted the statement of the non-testifying co-defendant, defendant has waived his present claim that he was denied the right of confrontation ( see, People v. Graham, 228 A.D.2d 299, lv. denied 88 N.Y.2d 985). In any event, given the overwhelming evidence of guilt, the Bruton error ( Bruton v. United States, 391 U.S. 123) was harmless beyond a reasonable doubt ( see, People v. Hamlin, 71 N.Y.2d 750, 758).

Review of defendants claim of ineffective assistance of counsel would require a further record to be developed by way of an appropriate motion pursuant to CPL 440.10 ( see, People v. Love, 57 N.Y.2d 998). Based on the existing record, we find defendant was afforded the effective assistance of counsel ( see, People v. Hobot, 84 N.Y.2d 1021, 1024;. People v. Baldi, 54 N.Y.2d 137).

We have considered defendants remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.