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People v. Fernandez

72 N.Y.2d 827 Court N.Y. Decision date 1988-06-02 English

Contents

Majority

p. 827
The People of the State of New York, Respondent, v Bienbenito Fernandez, Appellant.
Argued April 25, 1988;
decided June 2, 1988
APPEARANCES OF COUNSEL
Elaine Unkeless and Philip L. Weinstein for appellant.
John J. Santucci, District Attorney (Annette Cohen of counsel), for respondent.

OPINION OF THE COURT

Order affirmed. Defendant, relying on Cruz v New York ( 481

p. 828
US 186 ), contends that the admission of a confession made by his nontestifying codefendant at trial constituted reversible error. This argument was not preserved for our review (see, CPL 470.05 [2]).

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