Opinion
Argued April 6, 2001.
July 16, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered March 29, 2000, convicting him of bribery in the third degree and operating a motor vehicle under the influence of alcohol (two counts), upon a jury verdict, and imposing sentence.
Martin Geduldig, Hicksville, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Jeanetta Alexander, and Nadja Schulz of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., ANITA R. FLORIO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the Supreme Court improperly denied his motion to sever the charges is unpreserved for appellate review. The arguments the defendant now raises were not made before the Supreme Court (see, People v. Jones, 224 A.D.2d 334). Moreover, the defendant's motion to sever was untimely (see, CPL 255.20) and he failed to demonstrate good cause for the untimeliness (see, People v. Garcia, 259 A.D.2d 630; People v. Jones, supra). In any event, the crimes were intimately connected, and were material and admissible as evidence-in-chief upon the trial of the other crimes (see, People v. Munger, 24 N.Y.2d 445; People v. Quezada, 218 A.D.2d 819).
Contrary to the defendant's contention, the voluntariness charge was proper (see, People v. Smalls, 185 A.D.2d 863; People v. Sowers, 259 A.D.2d 841).
The defendant was properly sentenced as a second felony offender. The defendant failed to sustain his burden of proof that his prior plea of guilty was unconstitutional (see, CPL 400.21[c]; People v. Harris, 61 N.Y.2d 9; People v. Hannon, 209 A.D.2d 319).
The defendant's remaining contentions are without merit.
BRACKEN, P.J., FLORIO, SCHMIDT and ADAMS, JJ., concur.