PEOPLE v. EISENREICH

Judgment affirmed.

The defendant explicitly declined to join in his codefendant's motion for a severance of his and his codefendant's trials pursuant to CPL 200.40. Therefore, he has failed to preserve any issue of law with respect thereto for appellate review (CPL 470.05); in any event, the defendant's and his codefendant's statements were interlocking and, therefore, it was not an abuse of discretion to deny the codefendant's motion for a severance (see, People v. Cruz, 66 N.Y.2d 61, 69; CPL 200.40 [c]). The defendant's remaining contentions are without merit. Bracken, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.