From Casetext: Smarter Legal Research

People v. Rullo

Court of Appeals of the State of New York
Dec 28, 1972
31 N.Y.2d 894 (N.Y. 1972)

Summary

In Rullo, the court stated as follows (p 895): "Although it was error to receive in evidence during the People's case-in-chief that portion of defendant's Grand Jury testimony in which he acknowledged a prior conviction, such portion of the transcript of his Grand Jury testimony could have been redacted, and the error avoided, had defense counsel brought this matter to the attention of the trial court by means of a specific objection.

Summary of this case from People v. Kratky

Opinion

Argued November 29, 1972

Decided December 28, 1972

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE J. BEISHEIM, JR., J.

Omar Z. Ghobashy for appellant.

Carl A. Vergari, District Attorney ( Janet Cunard and B. Anthony Morosco of counsel), for respondent.


Order affirmed in the following memorandum: Although it was error to receive in evidence during the People's case-in-chief that portion of defendant's Grand Jury testimony in which he acknowledged a prior conviction, such portion of the transcript of his Grand Jury testimony could have been redacted, and the error avoided, had defense counsel brought this matter to the attention of the trial court by means of a specific objection. The absence of a specific objection to the introduction of the prior conviction prevents this court from reviewing the issue. ( People v. McCormick, 31 N.Y.2d 807; cf. People v. Berrios, 28 N.Y.2d 361, 367.)

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

People v. Rullo

Court of Appeals of the State of New York
Dec 28, 1972
31 N.Y.2d 894 (N.Y. 1972)

In Rullo, the court stated as follows (p 895): "Although it was error to receive in evidence during the People's case-in-chief that portion of defendant's Grand Jury testimony in which he acknowledged a prior conviction, such portion of the transcript of his Grand Jury testimony could have been redacted, and the error avoided, had defense counsel brought this matter to the attention of the trial court by means of a specific objection.

Summary of this case from People v. Kratky
Case details for

People v. Rullo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLAND V. RULLO…

Court:Court of Appeals of the State of New York

Date published: Dec 28, 1972

Citations

31 N.Y.2d 894 (N.Y. 1972)
340 N.Y.S.2d 405
292 N.E.2d 674

Citing Cases

People v. Webster

Judgment unanimously affirmed. Memorandum: Although it was error for the prosecutor to read a part of…

People v. Thompson

IV Finally, we have reviewed the defendant's remaining arguments and find them to be either without merit or…