Thomas R. Newman and Steven J. Ahmuty Jr. Preservation of Constitutional Questions
Because the Appellate Division has the power to review both "questions of law and questions of fact," as well as questions involving the exercise of judicial discretion, that court has inherent power to consider a point raised for the first time on appeal in "the interest of justice."
July 03, 2023 at 11:31 AM
11 minute read
As Justice Felix Frankfurter aptly observed, "Wisdom too often never comes, and so one ought not to reject it merely because it comes late." See Henslee v. Planters National Bank & Trust, 335 U.S. 595, 600 (1949). With certain limited exceptions, however, issues raised for the first time on appeal will not be considered as grounds for a reversal or modification.
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