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People v. Fleming

Court of Appeals of the State of New York
Jan 19, 1988
70 N.Y.2d 947 (N.Y. 1988)

Opinion

Argued January 8, 1988

Decided January 19, 1988

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Lawrence Martin, J.

Bertrand J. Kahn and Philip L. Weinstein for appellant.

Paul T. Gentile, District Attorney (Stanley R. Kaplan and Peter D. Coddington of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's sole claim of error — that the trial court violated his right of confrontation by permitting the arresting officer to testify that he arrested defendant after a conversation with an individual who did not testify — has not been preserved for our review. Although defense counsel sought a prospective ruling on this point, the court declined to make an anticipatory ruling. When the arresting officer later testified at trial, counsel entered objections as "objection" or "leading", but failed to advise the trial court that the present claimed error was the basis for any of his objections. The word "objection" alone was insufficient to preserve the issue for our review (see, People v Love, 57 N.Y.2d 1023, 1025; People v West, 56 N.Y.2d 662, 663).

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

Order affirmed in a memorandum.


Summaries of

People v. Fleming

Court of Appeals of the State of New York
Jan 19, 1988
70 N.Y.2d 947 (N.Y. 1988)
Case details for

People v. Fleming

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALONZO FLEMING…

Court:Court of Appeals of the State of New York

Date published: Jan 19, 1988

Citations

70 N.Y.2d 947 (N.Y. 1988)
524 N.Y.S.2d 670
519 N.E.2d 616

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