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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUINSKY ACOSTA, Also Known as LOUINSKI ACOSTA, Appellant.

Defendant claims that the joint trial and timing of the acceptance of codefendant's guilty plea deprived him of the opportunity to call codefendant as a witness. We are unpersuaded by these arguments, especially because the defendant never moved for severance.

The sentences imposed by the trial court do, however, appear excessive, particularly in view of the fact that defendant's codefendant and accomplice in the underlying $10 drug transaction was sentenced to a term of 2 to 4 years for conduct hardly different from that of the appellant. Notwithstanding the seriousness of the offenses involved, the sentences imposed were unduly harsh and should be reduced to the extent indicated.

Concur — Murphy, P.J., Sullivan, Kassal, Wallach and Smith, JJ.

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PEOPLE v. ACOSTA
(Jan 11, 1990)