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People v. Dien

77 N.Y.2d 885 Court N.Y. Decision date 1991-03-21 English

Contents

Majority

p. 885
The People of the State of New York, Respondent, v Donald Dien, Appellant.
Argued February 12, 1991;
decided March 21, 1991
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.

OPINION OF THE COURT

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

p. 886
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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