” (Internal quotation marks omitted.) State v. Cabral, 275 Conn. 514, 530–31, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S.Ct. 773, 163 L.Ed.2d 600 (2005),It is clear from the record that the defendant did not object to Micca's testimony on the grounds of relevance or lack of an adequate evidentiary foundation.
(Internal quotation marks omitted.) State v. Cabral , 275 Conn. 514, 530–31, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005) ; accord State v. Gonzalez , 272 Conn. 515, 539, 864 A.2d 847 (2005). "These requirements are not simply formalities.
Moreover, we disagree with Justice Palmer's reliance on case law concluding that evidentiary claims were not properly preserved. See State v. Cabral, 275 Conn. 514, 530-31, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005); State v. Meehan, 260 Conn. 372, 388-89, 796 A.2d 1191 (2002). Evidentiary rulings are subject to a preservation and briefing standard under Practice Book §§ 5-5 and 67-4 (d) (3) that reflects the discretionary nature of those decisions, as compared to questions of law such as that present in this case, which are subject to plenary review.
The petitioner brought a direct appeal to this court, and this court reversed the judgment of conviction and remanded the case for a new trial. State v. Cabral, 75 Conn. App. 304, 815 A.2d 1234 (2003), rev'd, 275 Conn. 514, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005). After our Supreme Court granted the state's petition for certification to appeal, our Supreme Court reversed the judgment of this court and upheld the judgment of conviction.
Sup. Ct. Conn. Certiorari denied. Reported below: 275 Conn. 514, 881 A. 2d 247.
(Internal quotation marks omitted.) State v. Cabral , 275 Conn. 514, 523, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005). Use of a defendant's pre - Miranda silence, by contrast, does not raise the same constitutional concerns: "evidence of prearrest, and specifically pre- Miranda , silence is admissible to impeach the testimony of a defendant who testifies at trial, since the rule of Doyle v. Ohio , supra, [at 619, 96 S.Ct. 2240], is predicated on the defendant's reliance on the implicit promise of Miranda warnings."
Because those claims are not properly preserved, we decline to address them. See, e.g., State v. Cabral , 275 Conn. 514, 530–31, 881 A.2d 247 ("[t]he standard for the preservation of a claim alleging an improper evidentiary ruling at trial is well settled. This court is not bound to consider claims of law not made at the trial. ... In order to preserve an evidentiary ruling for review, trial counsel must object properly. ... In objecting to evidence, counsel must properly articulate the basis of the objection so as to apprise the trial court of the precise nature of the objection and its real purpose, in order to form an adequate basis for a reviewable ruling.
(Internal quotation marks omitted.) State v. Cabral, 275 Conn. 514, 523-24, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005).
On appeal, the state claims that the Appellate Court improperly concluded that the defendant was deprived of a fair trial by the prosecutor's questioning, and his commentary during summations regarding the defendant's having retained counsel and his failure to meet with the police in connection with the case. Relying on, inter alia, State v. Cabral, 275 Conn. 514, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005), and State v. Alston, 272 Conn. 432, 862 A.2d 817 (2005), the state argues that this evidence properly demonstrates the "sequence of the events as they unfolded" in connection with the investigative efforts of the police. The state emphasizes further that its cross-examination of the defendant concerning his missed appointment with the police was permissible because the defendant testified at trial, which meant that, like any other witness, his credibility was subject to impeachment.
"These requirements are not simply formalities. They serve to alert the trial court to potential error while there is still time for the court to act. . . . Assigning error to a court's evidentiary rulings on the basis of objections never raised at trial unfairly subjects the court and the opposing party to trial by ambush. . . . State v. Cabral, 275 Conn. 514, 530-31, 881 A.2d 247, cert. denied, 546 U.S. 1048, 126 S. Ct. 773, 163 L. Ed. 2d 600 (2005); id., 531 (declining to review claim that tape-recorded statements were inadmissible under coconspirator hearsay exception when objection at trial was on different ground that listener was acting as agent of police when statements were made); see also Practice Book § 5-5." (Internal quotation marks omitted.)