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People v. Rivera

Court of Appeals of the State of New York
Mar 23, 1989
73 N.Y.2d 941 (N.Y. 1989)

Summary

holding that defendant's objection to prosecutor's summation was not properly preserved by defendant's general objection

Summary of this case from Green v. Legoney

Opinion

Argued February 7, 1989

Decided March 23, 1989

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irving Lang, J.

Mitchell J. Briskey and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Joseph J. Dawson and Carol Gette of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's sole argument on appeal is that certain comments made by the prosecutor during summation violated his constitutional rights to equal protection and due process. When the comments were made, defendant made only a general objection. Thus, he failed to preserve his present argument for our review (see, People v Ford, 69 N.Y.2d 775, 776). We reject defendant's contention that the claimed error required no preservation as an error affecting "`the organization of the court or the mode of proceedings prescribed by law'" (People v Ahmed, 66 N.Y.2d 307, 310, quoting People v Patterson, 39 N.Y.2d 288, 295, affd 432 U.S. 197).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed in a memorandum.


Summaries of

People v. Rivera

Court of Appeals of the State of New York
Mar 23, 1989
73 N.Y.2d 941 (N.Y. 1989)

holding that defendant's objection to prosecutor's summation was not properly preserved by defendant's general objection

Summary of this case from Green v. Legoney
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND RIVERA…

Court:Court of Appeals of the State of New York

Date published: Mar 23, 1989

Citations

73 N.Y.2d 941 (N.Y. 1989)
540 N.Y.S.2d 233
537 N.E.2d 618

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