People v. Simonds

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN SIMONDS, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 23, 1989

537 N.E.2d 621 (N.Y. 1989)

537 N.E.2d 621

540 N.Y.S.2d 236

Opinion

Argued February 16, 1989

Decided March 23, 1989

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Ivan Warner, J.

Howard Friedman and Philip L. Weinstein for appellant.

Paul T. Gentile, District Attorney (Allen M. Hecht and Susan L. Valle of counsel), for respondent.

Order affirmed. Defendant's argument with respect to an alleged Rosario (People v Rosario, 9 N.Y.2d 286) violation, never having been raised in the trial court or the Appellate Division, is unpreserved for our review (People v Poole, 48 N.Y.2d 144, 149-150), and his other arguments are without merit.

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