People v. Qualls

CourtNew York Court of Appeals Court of Appeals
Writing for the CourtCOOKE
CitationPeople v. Qualls, 447 N.Y.S.2d 149, 55 N.Y.2d 733, 431 N.E.2d 634 (N.Y. 1981)
Decision Date24 November 1981
Parties, 431 N.E.2d 634 The PEOPLE of the State of New York, Respondent, v. Augustus QUALLS, Appellant.
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 79 A.D.2d 895, 435 N.Y.S.2d 617, should be affirmed.

The defendant's objection at trial was solely on the ground that the evidence constituted improper bolstering. That was insufficient to preserve for our review the contentions now advanced that the evidence constituted inadmissible hearsay and that its introduction violated the defendant's constitutional right of confrontation (see People v. Gonzalez, 55 N.Y.2d 720, 447 N.Y.S.2d 145, 431 N.E.2d 630). The other issues were either not preserved or are found to be without merit.

COOKE, C. J., and JASEN, GABRIE...

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35 cases
  • People v. Ayala
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 1988
    ...appellate review it was necessary to articulate separately the evidentiary aspect of a Bruton problem (see, People v. Qualls, 55 N.Y.2d 733, 734, 447 N.Y.S.2d 149, 431 N.E.2d 634; People v. Perone, 119 A.D.2d 838, 839, 501 N.Y.S.2d 464, lv. denied 68 N.Y.2d 671, 505 N.Y.S.2d 1037, 496 N.E.2......
  • People v. Gallina
    • United States
    • New York Supreme Court — Appellate Division
    • September 6, 1983
    ...objection, the propriety of that ruling is not preserved for appellate review (CPL 470.05, subd. 2; see People v. Qualls, 55 N.Y.2d 733, 447 N.Y.S.2d 149, 431 N.E.2d 634; People v. Liccione, 50 N.Y.2d 850, 430 N.Y.S.2d 36, 407 N.E.2d 1333). We need not reach the issue in any event as the Pe......
  • Cruz v. Scully
    • United States
    • U.S. District Court — Southern District of New York
    • June 27, 1989
    ...arguments for appellate review; objections at trial were either general or premised on different theory); People v. Qualls, 55 N.Y.2d 733, 447 N.Y.S.2d 149, 431 N.E.2d 634 (1981) (defendant failed to preserve argument that evidence was inadmissible hearsay and introduction violated constitu......
  • People v. Krivoi
    • United States
    • New York Supreme Court — Appellate Division
    • February 22, 2011
    ...for appellate review his claim that the testimony of a ballistics expert constituted improper bolstering ( cf. People v. Qualls, 55 N.Y.2d 733, 447 N.Y.S.2d 149, 431 N.E.2d 634). In any event, those contentions, as well as the remaining contentions raised in both his main appellate brief an......
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9 books & journal articles
  • Table of cases
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2015 Contents
    • August 2, 2015
    ...433 (4th Dept. 1996), §§ 14:120, 14:130 People v. Putland , 105 A.D.2d 199, 482 N.Y.S.2d 882 (2d Dept. 1984), § 1:280 People v. Qualls, 55 N.Y.2d 733, 447 N.Y.S.2d 149 (1981), § 1:150 People v. Quarles, 187 A.D.2d 200, 593 N.Y.S.2d 635 (4th Dept. 1993), § 1:160 People v. Raja, 77 A.D.2d 322......
  • Table of cases
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2014 Contents
    • August 2, 2014
    ...433 (4th Dept. 1996), §§ 14:120, 14:130 People v. Putland , 105 A.D.2d 199, 482 N.Y.S.2d 882 (2d Dept. 1984), § 1:280 People v. Qualls, 55 N.Y.2d 733, 447 N.Y.S.2d 149 (1981), § 1:150 People v. Quarles, 187 A.D.2d 200, 593 N.Y.S.2d 635 (4th Dept. 1993), § 1:160 People v. Raja, 77 A.D.2d 322......
  • Objections & related procedures
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2021 Contents
    • August 2, 2021
    ...on the wrong ground may waive an objection, since appellate courts generally consider only the ground raised at trial. People v. Qualls , 55 N.Y.2d 733, 447 N.Y.S.2d 149 (1981). Thus, where a trial court overruled an objection on relevancy grounds, the appellate court refused to consider an......
  • Objections & related procedures
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2020 Contents
    • August 2, 2020
    ...on the wrong ground may waive an objection, since appellate courts generally consider only the ground raised at trial. People v. Qualls , 55 N.Y.2d 733, 447 N.Y.S.2d 149 (1981). Thus, where a trial court overruled an objection on relevancy grounds, the appellate court refused to consider an......
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