People v. Reid

—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 NY2d 286 , rearg denied 9 NY2d 908 , cert denied 368 US 866 , rearg denied 14 NY2d 876 , 15 NY2d 765 ). Defendant cannot rely upon an objection by codefendant’s counsel to preserve the issue (see, CPL 470.05 [2]; People v Buckley, 75 NY2d 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 NY2d 75 , 87, cert denied sub nom. Victory v New York, 416 US 905 ). No Bruton violation (see, Bruton v United States, 391 US 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 [2]; People v Bien, 77 NY2d 885 ). We decline to reach the issue in the interest of justice. (Appeal from Judgment of Monroe County Court, Celli, J. — Criminal Possession Controlled Substance, 2nd Degree.) Present — Callahan, J. P., Pine, Fallon, Doerr and Boehm, JJ.