Opinion
April 14, 1993
Appeal from the Monroe County Court, Celli, J.
Present — Callahan, J.P., Pine, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for review his present contention that County Court abused its discretion by failing to impose a sanction upon the People for a Rosario violation (People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, 15 N.Y.2d 765). Defendant cannot rely upon an objection by codefendant's counsel to preserve the issue (see, CPL 470.05; People v Buckley, 75 N.Y.2d 843, 846), and we decline to reach the issue in the interest of justice.
County Court properly denied defendant's motion for a severance. The proof against both defendants was supplied by the same evidence and defendant failed to offer a "cogent reason" for severance (People v Bornholdt, 33 N.Y.2d 75, 87, cert denied sub nom. Victory v New York, 416 U.S. 905). No Bruton violation (see, Bruton v United States, 391 U.S. 123) occurred because the codefendant's statement was not admitted on the People's direct case, but was used only for impeachment of the codefendant on cross-examination.
Defendant failed to preserve for review his present argument that the chemist's testimony was insufficient to prove the accuracy of the scale she used to weigh the cocaine (CPL 470.05; People v Dien, 77 N.Y.2d 885). We decline to reach the issue in the interest of justice.