People v. Fleming
| Citation | 524 N.Y.S.2d 670,70 N.Y.2d 947,519 N.E.2d 616 |
| Parties | , 519 N.E.2d 616 The PEOPLE of the State of New York, Respondent, v. Alonzo FLEMING, Appellant. |
| Decision Date | 19 January 1988 |
| Court | New York Court of Appeals |
The order of the Appellate Division, 123 A.D.2d 902, 507 N.Y.S.2d 569, should be affirmed.
Defendant's sole claim of error--that the trial court violated his right of confrontation by permitting the arresting officer to testify that he arrested defendant after a conversation with an individual who did not testify--has not been preserved for our review. Although defense counsel sought a prospective ruling on this point, the court declined to make an anticipatory ruling. When the arresting officer later testified at trial, counsel entered objections as "objection" or "leading", but failed to advise the trial court that the present claimed error was the basis for any of his objections. The word "objection" alone was insufficient to preserve the issue for our review ( see, People v. Love, 57 N.Y.2d 1023, 1025, 457 N.Y.S.2d 474, 443 N.E.2d 948; People v. West, 56 N.Y.2d 662, 663, 451 N.Y.S.2d 711, 436 N.E.2d 1313).
Order affirmed in a memorandum.
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......2002 (reproduced as Ex. F to Opp. Decl.) ("App.Br."). The Appellate Division affirmed his conviction on January 27, 2004. People v. Rolling, 3 A.D.3d 436, 770 N.Y.S.2d 719 (1st Dep't 2004). The court held that the charges against Rolling were properly joined under C.P.L. §§ ...Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919 (1995); accord People v. Fleming, 70 N.Y.2d 947, 948, 524 N.Y.S.2d 670, 519 N.E.2d 616 (1988); People v. West, 56 N.Y.2d 662, 663, 451 N.Y.S.2d 711, 436 N.E.2d 1313 (1982). Thus, ......
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People v. Young
...right to confront the witnesses against him. The contention is unpreserved for appellate review (see CPL 470.05[2] ; People v. Fleming , 70 N.Y.2d 947, 524 N.Y.S.2d 670, 519 N.E.2d 616 ; People v. Perez , 9 A.D.3d 376, 377, 779 N.Y.S.2d 584 ). In any event, the jury was instructed that this......
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Table of cases
...County, 1979), § 7:170 People v. Flayhart , 72 N.Y.2d 737, 536 N.Y.S.2d 727 (1988), § 10:10 People v. Fleming , 90 N.Y.2d 947, 524 N.Y.S.2d 670 (1988), §§ 1:170, 1:190 People v. Flores, 282 A.D.2d 688, 725 N.Y.S.2d 655 (2d Dept. 2001), § 20:30 People v. Flower s, 83 A.D.3d 524, 922 N.Y.S.2d......
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Objections & related procedures
...your objection for appellate review. People v. Russell, 71 N.Y.2d 1016, 530 N.Y.S.2d 101 (1988); People v. Fleming, 90 N.Y.2d 947, 524 N.Y.S.2d 670 (1988). § 1:180 OBJECTING TO QUESTIONS BY COURT Most objections are to questions posed by opposing counsel. However, you should also object to ......
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Objections & related procedures
...at trial to preserve your objection for appellate review. People v. Russell, 71 N.Y.2d 1016, 530 N.Y.S.2d 101 (1988); People v. Fleming, 70 N.Y.2d 947, 524 N.Y.S.2d 670 (1988). CASES People v. Thomas , 143 A.D.3d 1006, 40 N.Y.S.3d 462 (2d Dept. 2016). Even if defendant’s contentions regardi......
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Objections & related procedures
...your objection for appellate review. People v. Russell , 71 N.Y.2d 1016, 530 N.Y.S.2d 101 (1988); People v. Fleming , 90 N.Y.2d 947, 524 N.Y.S.2d 670 (1988). CASES People v. homas , 143 A.D.3d 1006, 40 N.Y.S.3d 462 (2d Dept. 2016) (Even if defendant’s contentions regarding allegedly imprope......