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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL TELLER, Appellant.

Ordered that the judgment is affirmed.

The hearing court properly determined that the defendant's statements to the police were admissible at trial pursuant to a knowing and voluntary waiver of his constitutional rights. To the extent that the alibi defense presented by the codefendant was antagonistic to the defendant's defense, it did not result in unfair prejudice to the defendant, and hence the trial court did not abuse its discretion in denying the defendant's motion for a severance (see, People v. Cruz, 66 N.Y.2d 61, 73-74, revd on other grounds 481 US ___, 95 L Ed 2d 162). The sentence of from 2 to 6 years' imprisonment imposed was appropriate in view of the violent nature of the crime committed. The remainder of the defendant's claims are either unpreserved for appellate review or without merit. Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.

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PEOPLE v. TELLER
(May 4, 1987)