ALBANY – A deeply divided state Court of Appeals on Tuesday embraced a relaxed standard on preserving issues for appellate review, stressing that justice, not strict adherence to procedural rules, is an overarching concern.
The 4-3 court said in People v. Finch, 28, that a defendant preserved an issue for appellate review by asserting it at an arraignment and was not required to bring up the matter at later stages in the prosecution or at the close of proof.
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