Appellate Division, Fourth Department
Right to Present a Defense
Preservation of Error
People v. Dorn
Appealed from Oneida County Court
Background: During a trial for grand larceny and conspiracy, the defendant testified but was barred from introducing letters and statements of the deceased victim. On appeal, she argued the evidentiary rulings violated her “right to present a defense.”
Ruling: The conviction is affirmed. After each of the prosecution’s objections was sustained, defense counsel continued with questioning and did not call to the court’s attention the purpose of the evidence or the nature of the alleged error. Any error was unreserved.
Frank Policelli for the defendant, and Steven G. Cox, Oneida County District Attorney’s Office