People v. Perez

Defendant’s claim that the trial court erred in barring a peremptory challenge made by the codefendant as untimely is unpreserved as a matter of law, no such challenge to the prospective juror in question having been made by defendant himself (see, People v Buckley, 75 NY2d 843 , 846), and we decline to review it in the interest of justice. If we were to review it, we would find that the trial court properly refused to recognize a peremptory challenge that was made after it had already been waived, albeit before the jury was sworn in (see, People v Isaac, 212 AD2d 635 , lv denied 85 NY2d 910 ). Concur—Rosenberger, J. P., Wallach, Kupferman, Williams and Mazzarelli, JJ.