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People v. Tarbell

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 902 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Dillon, P.J., Denman, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of murder in the second degree, defendant argues that the court committed reversible error in admitting testimony by a police officer that defendant had not complained to him of injury. Defendant's argument on appeal that evidence of defendant's postarrest silence was improperly admitted is unpreserved because his general objection to that testimony is insufficient to preserve that specific issue (see, People v. Balls, 69 N.Y.2d 641). Any error is harmless, in any event, because two other prosecution witnesses gave similar testimony and thus there is no reasonable possibility that any error in this respect contributed to his conviction (see, People v. Crimmins, 36 N.Y.2d 230, 237).

We have examined defendant's remaining arguments on appeal and find them to be without merit.


Summaries of

People v. Tarbell

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 902 (N.Y. App. Div. 1990)
Case details for

People v. Tarbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY TARBELL, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 902 (N.Y. App. Div. 1990)
561 N.Y.S.2d 992

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