People v. Dien
| Decision Date | 21 March 1991 |
| Citation | 568 N.Y.S.2d 899,571 N.E.2d 69,77 N.Y.2d 885 |
| Parties | , 571 N.E.2d 69 The PEOPLE of the State of New York, Respondent, v. Donald DIEN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION OF THE COURT
MEMORANDUM
The order of the Appellate Division, 161 A.D.2d 195, 554 N.Y.S.2d 581, should be affirmed.
Defendant's sole argument on appeal is that a specific comment made by the prosecutor during summation violated his rights to a fair trial by an impartial jury and to equal protection under the law. At the time of the prosecutor's statement, however, defendant made only a general objection, thus failing to preserve his argument for this Court's review (see, People v. Rivera, 73 N.Y.2d 941, 942, 540 N.Y.S.2d 233, 537 N.E.2d 618; People v. Ford, 69 N.Y.2d 775, 776, 513 N.Y.S.2d 106, 505 N.E.2d 615).
Order affirmed in a memorandum.
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People v. Adorno
... ... The basis for the objection was not explained, rendering the ... entire objection general and insufficient for preservation ... purposes ( see id. ; People v Romero , 7 ... N.Y.3d 911; People v Tonge , 93 N.Y.2d 838; ... People v Dien , 77 N.Y.2d 885). As stated by the ... Court of Appeals in Tonge , "a party's ... failure to specify a basis for a general objection renders ... the argument unpreserved for [appellate] review" ... ( People v Tonge , 93 N.Y.2d at 839-840; see ... People v O'Keefe , 105 A.D.3d at 1064; ... ...
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People v. Westwood
...appellate review (see CPL 470.05[2] ; People v. Tonge, 93 N.Y.2d 838, 839–840, 688 N.Y.S.2d 88, 710 N.E.2d 653 [1999] ; People v. Dien, 77 N.Y.2d 885, 886, 568 N.Y.S.2d 899, 571 N.E.2d 69 [1991] ; People v. Benson, 38 A.D.3d 563, 563, 831 N.Y.S.2d 266 [2007] ). Defendant's mistrial motion o......
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People v. Hernandez
... ... denied, 78 N.Y.2d 970, 574 N.Y.S.2d 950, 580 N.E.2d 422), or that they must acquit if their minds were "wavering" (People v. Fox, 72 A.D.2d 146, 147, 423 N.Y.S.2d 171). Likewise, no objection was taken, for the most part, to the snippets of the prosecutor's summation now cited (People v. Dien, 77 N.Y.2d 885, 886, 568 N.Y.S.2d 899, 571 N.E.2d 69) and, were we to consider defendants' claims in the interest of justice, we would find that the prosecutor's summation was a fair response to that of the defense (see, People v. Galloway, 54 N.Y.2d 396, 398-399, 446 N.Y.S.2d 9, 430 N.E.2d 885) ... ...
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