People v. Dien

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD DIEN, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 21, 1991

77 N.Y.2d 885 (N.Y. 1991)

568 N.Y.S.2d 899

571 N.E.2d 69

Opinion

Argued February 12, 1991

Decided March 21, 1991

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jay Gold, J.

Robert S. Dean and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Phyllis A. Monroe and Amyjane Rettew of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's sole argument on appeal is that a specific comment made by the prosecutor during summation violated his rights to a fair trial by an impartial jury and to equal protection under the law. At the time of the prosecutor's statement, however, defendant made only a general objection, thus failing to preserve his argument for this Court's review (see, People v Rivera, 73 N.Y.2d 941, 942; People v Ford, 69 N.Y.2d 775, 776).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed in a memorandum.