PEOPLE v. CHERRY

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of one count of rape in the first degree (Penal Law § 20.00, 130.35), two counts of sodomy in the first degree (Penal Law § 20.00, 130.50) and four counts of sexual abuse in the first degree (Penal Law § 20.00, 130.65). Defendant failed to preserve for our review his sole contention that Supreme Court erred in refusing to excuse for cause a prospective juror who informed the court that her sister had been raped. "Defendant cannot rely upon the objection of the attorney for the codefendant to preserve an issue for [our] review" ( People v. Neil, 213 A.D.2d 1014, 1014, lv denied 86 N.Y.2d 783; see also, People v. Buckley, 75 N.Y.2d 843, 846). In any event, defendant's contention lacks merit. The court conducted a proper inquiry of the prospective juror and "obtain[ed] her unequivocal assurance that she could be fair" ( People v. Arnold, ___ N.Y.2d ___, ___ [decided June 12, 2001]; see, People v. Chambers, ___ A.D.2d ___ [decided May 2, 2001]; People v. Bludson, 281 A.D.2d 948, lv granted 96 N.Y.2d 808).