In a New York criminal jury trial, the judge has several critical roles. In general terms, the judge determines the “rules” by which the trial will be conducted. For example, the judge will resolve all pretrial motions, manages the jury selection process, rules on objections during the trial, and instructs the jury at the conclusion of the trial. One of the most essential roles of a judge is also to act as the gatekeeper, meaning the judge will determine which evidence will be presented to the jury.
Not surprisingly, a judge’s rulings on these issues can drastically affect the outcome of a trial. And because judges are human, they are prone to making errors. In fact, that is the very purpose of the New York appellate process; to review the trial court’s legal decisions which led to a conviction. Thus, when a party believes that a judge made an error at trial, that party must object. When a party objects to a ruling, they must state the basis for the objection. Typically, when an objection is made, the judge will hear argument on the objection outside the presence of the jury and issue a ruling. It is up to the party making the objection to make sure the judge knows the basis of the objection and is aware of the legal support behind the objection. AS a general principle the Judge must be given an opportunity to fix the error in order to preserve your right to appeal on an issue.
When an appellate court grants review of a case, it will typically consider all arguments raised in the defendant’s brief. However, an appellate court may apply various standards when reviewing an error. For issues that were properly raised at trial, an appellate court uses what is called “de novo” review, meaning that the court will not give the lower court’s decision any deference.