People v. Clarke

Decision Date19 January 1993
CitationPeople v. Clarke, 593 N.Y.S.2d 784, 81 N.Y.2d 777, 609 N.E.2d 137 (N.Y. 1993)
Parties, 609 N.E.2d 137 The PEOPLE of the State of New York, Respondent, v. Archie CLARKE, Appellant.
CourtNew York Court of Appeals Court of Appeals

George W. Albro and Philip L. Weinstein, New York City, for appellant.

Robert M. Morgenthau, Dist. Atty. of New York County, New York City(Myles L. Orosco, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division should be affirmed, 185 A.D.2d 124, 585 N.Y.S.2d 738.

A party generally must specify the basis for an objection to preserve a question of law for this Court's review.In this case defense counsel made only a general objection to the court's multiple rulings regarding the proposed testimony of a witness.Accordingly, defendant's present contention that the testimony constituted hearsay and improperly bolstered another prosecution witness' testimony has not been preserved for our review.

SIMONS, Acting C.J., and KAYE, TITONE, HANCOCK and BELLACOSA, JJ., concur.

SMITH, J., taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals(22 NYCRR 500.4), order affirmed in a memorandum.

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22 cases
  • People v. Hargrove
    • United States
    • New York Supreme Court — Appellate Division
    • April 18, 2018
    ...defendant's request. Accordingly, the People's current contention is unpreserved for appellate review (see People v. Clarke, 81 N.Y.2d 777, 778, 593 N.Y.S.2d 784, 609 N.E.2d 137 ; People v. Bartley, 298 A.D.2d 160, 160, 748 N.Y.S.2d 18 ).Furthermore, under the circumstances, this unpreserve......
  • People v. Mesko
    • United States
    • New York Supreme Court — Appellate Division
    • May 11, 2017
    ...A.D.2d 600, 601, 534 N.Y.S.2d 1021 [1988] ; see People v. Clarke, 185 A.D.2d 124, 125, 585 N.Y.S.2d 738 [1992], affd. 81 N.Y.2d 777, 593 N.Y.S.2d 784, 609 N.E.2d 137 [1993] ). The jury also credited the testimony of the victim and her girlfriend that it was defendant who entered the closed ......
  • People v. Mosley
    • United States
    • New York Supreme Court — Appellate Division
    • December 23, 2021
    ...apartment through a window (see People v. Clarke , 185 A.D.2d 124, 125-126, 585 N.Y.S.2d 738 [1st Dept. 1992], affd 81 N.Y.2d 777, 593 N.Y.S.2d 784, 609 N.E.2d 137 [1993] ; Little , 139 A.D.3d at 1356, 30 N.Y.S.3d 478 ; Thornton , 4 A.D.3d at 562, 771 N.Y.S.2d 597 ). Viewing the evidence in......
  • People v. Melendez-Torres
    • United States
    • New York Supreme Court — Appellate Division
    • October 10, 2018
    ...v. Mesko , 150 A.D.3d 1412, 1413, 55 N.Y.S.3d 748 ; People v. Clarke , 185 A.D.2d 124, 125, 585 N.Y.S.2d 738, affd 81 N.Y.2d 777, 593 N.Y.S.2d 784, 609 N.E.2d 137 ; People v. Smith , 144 A.D.2d 600, 601, 534 N.Y.S.2d 1021 ). The defendant's intent to commit a crime within the bedroom can be......
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