Opinion
Argued November 16, 1981
Decided December 15, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACK ROSENBERG, J.
Shirley Werner and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Peter D. Coddington and Alan D. Marrus of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Objection to the question whether the witness had been previously arrested was properly sustained (Richardson, Evidence [10th ed — Prince], § 506; Fisch, New York Law of Evidence [2d ed], § 458). So far as defense counsel sought to question about a charge adjourned in contemplation of dismissal, he did no more than ask for time to find out what the final disposition of the charge was and never followed up on it. Thus, the issue was not preserved for our consideration.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.