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People v. Little

55 N.Y.2d 770 Court N.Y. Decision date 1981-12-15 English

Contents

Majority

p. 770
The People of the State of New York, Respondent, v Thomas Little, Appellant.
Argued November 16, 1981;
decided December 15, 1981
p. 771
APPEARANCES OF COUNSEL
Shirley Werner and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Peter D. Coddington and Alan D. Marrus of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Objection to the question whether the witness had been previously arrested was properly sustained (Richardson, Evidence [10th ed — Prince], § 506; Fisch, New York Law of Evidence [2d ed], § 458). So far as defense counsel sought to question about a charge adjourned in contemplation of dismissal, he did no more than ask for time to find out what the final disposition of the charge was and never followed up on it. Thus, the issue was not preserved for our consideration.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.