People v. Faison

250 A.D.2d 777, 671 N.Y.S.2d 1004, 1998 N.Y. App. Div. LEXIS 5739

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 18, 1998
• Status: Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered March 21, 1996, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his claim that the trial court should have excused a prospective juror for cause, since he did not join in his codefendant’s application to challenge the juror (see, e.g., People v Colselby, 240 AD2d 227, lv denied 90 NY2d 906, 1010, 1014; People v Scott, 197 AD2d 644; CPL 270.15 [4]; 470.05 [2]).

In any event, the court did not improvidently exercise its discretion in denying the codefendant’s motion to strike the prospective juror for cause (see, People v Baskett, 250 AD2d 774 [decided herewith]). Friedmann, J. P., Goldstein, Florio and Luciano, JJ., concur.