Opinion
November 13, 1995
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
The defendant was one of three men who took part in the robbery of a liquor store that resulted in the death of its owner and the serious injury of an employee. He was tried before a separate jury at a joint trial with a codefendant (see, People v Marshall, 221 A.D.2d 476 [decided herewith]).
The defendant failed to preserve for appellate review his contention that error was committed when a prosecution witness testified that a nontestifying codefendant spoke of the defendant and implicated him in the crimes at issue (see, Bruton v United States, 391 U.S. 123; People v Hamlin, 71 N.Y.2d 750), and we decline to reach it in the exercise of our interest of justice jurisdiction.
We have considered the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit. Miller, J.P., O'Brien, Ritter and Goldstein, JJ., concur.