Legal Opinion

People v. Fleming

New York Court of Appeals

Decided January 19, 1988PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s sole claim of error — that the trial court violated his right of confrontation by permitting the arresting officer to testify that he arrested defendant after a conversation with an individual who did not testify — has not been preserved for our review. Although defense counsel sought a prospective ruling on this point, the court declined to make an anticipatory ruling. When the arresting officer later testified at trial, counsel entered objections as "objection” or "leading”, but failed to…

2Cases cited2 opinions

  1. People v. LoveNew York Court of Appeals · 1982
  2. People v. WestNew York Court of Appeals · 1982

3Cited by81 opinions

  1. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. TevahaNew York Court of Appeals · 1994
  3. Whitley v. ErcoleCourt of Appeals for the Second Circuit · 2011
  4. People v. SprowalNew York Court of Appeals · 1994
  5. People v. VaughanAppellate Division of the Supreme Court of the State of New York · 2008

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