50 N.Y.2d 850 | NY | 1980
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Whatever the merits of this contention, the issue is not preserved for review. For, although defendant specifically objected to the admissibility of the dying declaration qua dying declaration, and also specifically objected to the alleged failure of the prosecution to establish a prima facie case of conspiracy, no question was raised as to whether the assailant’s statements were made in furtherance of the conspiracy. These objections in this instance preserved only the grounds specified (see, generally, Richardson, Evidence [10th ed— Prince], § 538) and thus the precise issue argued is beyond our power of review.
The court has examined those of defendant’s remaining contentions which are reviewable and has found no reversible error.
. Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed in a memorandum.