People v. Tevaha

Decision Date20 October 1994
Citation84 N.Y.2d 879,644 N.E.2d 1342,620 N.Y.S.2d 786
Parties, 644 N.E.2d 1342 The PEOPLE of the State of New York, Respondent, v. Antonio TEVAHA, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 204 A.D.2d 92, 611 N.Y.S.2d 179, should be affirmed.

Defendant's sole claim of error--that he was denied a fair trial when the court permitted testimony by the arresting officer regarding the general practices of drug sellers--has not been preserved for our review. Defense counsel simply made a general objection when the testimony was proffered, and failed to advise the trial court that the present claimed error was the basis for his objection. The word "objection" alone was insufficient to preserve the issue for our review (see, People v. Fleming, 70 N.Y.2d 947, 948, 524 N.Y.S.2d 670, 519 N.E.2d 616; People v. West, 56 N.Y.2d 662, 663, 451 N.Y.S.2d 711, 436 N.E.2d 1313).

KAYE, C.J., and SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur.

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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  • McCall v. Capra
    • United States
    • U.S. District Court — Eastern District of New York
    • 29 Abril 2015
    ...alone [is] insufficient to preserve the issue for [appellate] review” in the New York state courts. People v. Tevaha,84 N.Y.2d 879, 620 N.Y.S.2d 786, 644 N.E.2d 1342, 1342 (1994). Here, Defense Counsel failed to object to the prosecutor's statements about the assistant district attorney, fa......
  • Day v. Taylor, 05 Civ. 3659(VM).
    • United States
    • U.S. District Court — Southern District of New York
    • 24 Octubre 2006
    ...475, 487 (S.D.N.Y.2002); People v. Tevaha, 204 A.D.2d 92, 611 N.Y.S.2d 179, 180 (App. Div. First Dep't 1994), aff'd 84 N.Y.2d 879, 620 N.Y.S.2d 786, 644 N.E.2d 1342 (1994). Furthermore, as there was ample evidence other than the expert testimony, such as the eyewitness testimony from the po......
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    • United States
    • U.S. District Court — Eastern District of New York
    • 14 Agosto 2019
    ...alone [is] insufficient to preserve the issue for [appellate] review' in the New York state courts." (quoting People v. Tevaha, 644 N.E.2d 1342, 1342 (N.Y. 1994))); Umoja v. Griffin, No. 11 CV 0736(PKC)(LB), 2014 WL 2453620, at *21 (E.D.N.Y. May, 29 2014) (holding that petitioner's claim wa......
  • Davidson v. Cunningham
    • United States
    • U.S. District Court — Eastern District of New York
    • 29 Agosto 2017
    ...alone [is] insufficient to preserve the issue for [appellate] review' in the New York state courts." (quoting People v. Tevaha, 644 N.E.2d 1342, 1342 (N.Y. 1994))); Umoja v. Griffin, No. 11 CV 0736, 2014 WL 2453620, at *21 (E.D.N.Y. May, 29 2014) (holding that petitioner's claim was procedu......
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