Appellate Practice

Preservation of Issues for Appellate Review

, New York Law Journal


In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty, Jr. discuss the Court of Appeals' decision in 'People v. Finch,' which represents an intriguing example of the schism between the judges who believe that the court's stringent preservation jurisprudence must ultimately serve the ends of justice and those who believe that strict adherence to the preservation requirement accomplishes that very purpose, especially with the Appellate Division's interest of justice jurisdiction as a fail-safe.

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