People v. Padro

Decision Date08 February 1990
Citation75 N.Y.2d 820,551 N.E.2d 1233,552 N.Y.S.2d 555
Parties, 551 N.E.2d 1233 The PEOPLE of the State of New York, Respondent, v. Moses PADRO, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT

Prior report: 145 A.D.2d 1001, 536 N.Y.S.2d 362.

Order affirmed. A post verdict motion made pursuant to CPL 330.30 is not, by itself, ordinarily sufficient to preserve a "question of law" within the meaning of CPL 470.05(2) and inasmuch as defendant failed to make appropriate objections during trial, the points presented by defendant are not preserved for review in this Court.

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

ALEXANDER, J., took no part.

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  • Hughes v. Sheahan
    • United States
    • U.S. District Court — Northern District of New York
    • May 1, 2018
    ...claim to be unpreserved pursuant to New York's contemporaneous objection rule); see generally, e.g. , People v. Padro , 75 N.Y.2d 820, 820, 552 N.Y.S.2d 555, 551 N.E.2d 1233 (1990) ("A postverdict motion made pursuant to CPL 330.30 is not, by itself, ordinarily sufficient to preserve a ‘que......
  • People v. Feerick
    • United States
    • New York Supreme Court — Appellate Division
    • March 24, 1998
    ...when those witnesses testified at trial for the prosecution. The claim is thus unpreserved for review (see, People v. Padro, 75 N.Y.2d 820, 552 N.Y.S.2d 555, 551 N.E.2d 1233). In any event, the trial court correctly concluded that the prosecution, through its responding affidavits, had demo......
  • People v. Nichols, 1277
    • United States
    • New York Supreme Court — Appellate Division
    • June 15, 2018
    ...construed—was not, by itself, adequate to preserve his current argument for appellate review (see People v. Padro, 75 N.Y.2d 820, 821, 552 N.Y.S.2d 555, 551 N.E.2d 1233 [1990], rearg. denied 75 N.Y.2d 1005, 557 N.Y.S.2d 312, 556 N.E.2d 1119 [1990], rearg dismissed 81 N.Y.2d 989, 599 N.Y.S.2......
  • People v. Borukhova
    • United States
    • New York Supreme Court — Appellate Division
    • October 25, 2011
    ...since she did not raise this claim until she moved to vacate her conviction pursuant to CPL 330.30 ( see People v. Padro, 75 N.Y.2d 820, 821, 552 N.Y.S.2d 555, 551 N.E.2d 1233; People v. Joseph, 74 A.D.3d 840, 901 N.Y.S.2d 530; People v. Stewart, 71 A.D.3d 797, 900 N.Y.S.2d 60; People v. Gr......
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