Opinion
October 18, 1993
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the judgment is affirmed.
A joint trial with two juries was properly conducted in this case (see, CPL 200.40 [b], [c]; People v. Riccardo B., 73 N.Y.2d 228). The defendant and his accomplice (see, People v Toal, 197 A.D.2d 650 [decided herewith]) were tried and convicted based upon much of the same evidence, and each had made a confession implicating the other, so that the use of two juries was appropriate (see, People v. Riccardo B., supra).
The defendant's contention that the County Court should have charged the defense of extreme emotional disturbance is meritless (see, e.g., People v. White, 164 A.D.2d 413, affd 79 N.Y.2d 900), as are all of the defendant's remaining contentions. Bracken, J.P., Lawrence, Eiber and O'Brien, JJ., concur.