People v. Dien

N.Y.

Court: New York Court of Appeals

Citations: 77 N.Y.2d 885, 568 N.Y.S.2d 899, 571 N.E.2d 69, 1991 N.Y. LEXIS 309

Decision Date: 3/21/1991

Jurisdiction: NY

Bluebook Citation: People v. Dien, 77 N.Y.2d 885, 568 N.Y.S.2d 899, 571 N.E.2d 69, 1991 N.Y. LEXIS 309 (1991)

More Cases: N.Y. decisions from 1991

The People of the State of New York, Respondent, v Donald Dien, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Robert S. Dean and Philip L. Weinstein for appellant.
Robert M. Morgenthau, District Attorney (Phyllis A. Monroe and Amyjane Rettew of counsel), for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed. Defendant’s sole argument on appeal is that a specific comment made by the prosecutor during summation violated his rights to a fair trial by an impartial jury and to equal protection under the law. At the time of the prosecutor’s statement, however, defendant made only a general objection, thus failing to preserve his argument for this Court’s review (see, People v Rivera, 73 NY2d 941, 942; People v Ford, 69 NY2d 775, 776).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

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