The People of the State of New York, Respondent v. Shannon M. Kolupa, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the appellant failed to preserve his argument that the prosecution lacked sufficient corroboration of the child victim's testimony, making the issue unreviewable. The majority applied the preservation rule set forth in People v Hines and People v Payne. Judge Smith filed a separate concurring opinion, agreeing with the result but observing that the case was not appropriate for further examination of the Hines rule.