Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered March 5, 2003, upon a verdict convicting defendant of the crime of endangering the welfare of a child.
On July 13, 2001, the persons residing in defendant’s apartment with her were John Jennings Sr. (hereinafter codefendant), the codefendant’s four-month-old son (hereinafter the victim), and defendant’s nine-year-old daughter and six-year-old son from a previous relationship. Defendant’s cousin, alarmed at the appearance of the victim, called Child Protective Services (hereinafter CPS). Their investigation revealed that the victim was suffering from multiple bruises, broken ribs and a fractured arm, and that the household was littered with trash, rotting
A motion for a severance is addressed to the sound discretion of the trial court (see CPL 200.40 [1]) and must be granted where there is a “likelihood that the jury may not be able to consider separately the proof as it relates to each defendant” (CPL 200.40 [1] [d] [iii]). Where, as here, the same evidence is used to prove the charges against each defendant, a joint trial is preferred and severance will only be granted for the most cogent reasons (see People v Melendez, 285 AD2d 819, 822 [2001], lv denied 97 NY2d 731 [2002]; People v Augustine, 235 AD2d 915, 917 [1997], appeal dismissed 89 NY2d 1072 [1997], lv denied 89 NY2d 1088 [1997]). None are present here. While defendant is correct that the Ventimiglia evidence was relevant only to the second degree assault charge against the codefendant, County Court repeatedly gave appropriate limiting instructions which clearly directed how the jury was to use such proof, thereby reducing the risk that evidence directed solely against the codefendant would be employed by the jury in its consideration of the charges against defendant (see People v Augustine, supra at 917; People v Jayne, 99 AD2d 589, 591 [1984]). In short, defendant failed to establish substantial prejudice which impacted her right to a fair trial.
Further, defendant’s contention that she was denied her confrontation rights by the admission of the codefendant’s statement is equally unpersuasive. When a statement of a codefendant is only inculpatory of defendant when linked with other evidence introduced at trial, there is no confrontation clause or Bruton violation (see People v Melendez, supra at 820). The statement attributed to the codefendant does not directly implicate defendant but only implicates her when combined with other evidence in the case. Moreover, even if the statement had been erroneously admitted, the error was harmless in view of the overwhelming evidence of defendant’s guilt (see People v Bowen, 309 AD2d 600, 601 [2003], lv denied 1 NY3d 568 [2003]).
Mercure, J.P., Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
