71 N.Y.2d 1016 (1988)
A defendant must object to the admission of a co-defendant’s redacted confession at the time it is offered into evidence to preserve the claim for appellate review; a pre-trial motion to sever is insufficient if the defendant does not renew the motion after the court rules on the confession’s admissibility.
Summary
Russell was convicted of rape and sodomy. At a joint trial with his co-defendant Bailey, Bailey’s redacted confession, referring to “another person,” was admitted. Russell had made a pre-trial motion to sever, which was denied as premature but he did not object to the admission of the redacted confession at trial until after the jury was instructed. The New York Court of Appeals held that Russell failed to preserve his claim regarding the admission of the confession because he did not object when it was offered into evidence. The court emphasized that a pre-trial motion to sever, without a subsequent objection to the specific evidence, is insufficient to preserve the issue for appeal. The Court of Appeals affirmed the conviction.
Facts
Russell and Bailey were charged with rape, sodomy, and unlawful imprisonment of a 14-year-old girl. Bailey confessed to the crimes, implicating himself and Russell. Prior to trial, Russell moved to sever his trial from Bailey’s. The trial court denied the motion as premature, allowing renewal. After a Huntley hearing deemed Bailey’s confession admissible with redactions referring to “another person,” Russell’s counsel sought “verification” that the court would not grant severance. The court verified that it would not and added that the confession would be redacted to remove references to Russell by name. Russell’s counsel did not object and waited until after the jury was instructed to question the redaction’s efficacy and renew the severance motion.
Procedural History
The trial court convicted Russell on all counts. The Appellate Division modified the judgment by reversing the unlawful imprisonment conviction. Russell appealed to the New York Court of Appeals, arguing that the denial of his motion to sever was reversible error because Bailey’s redacted confession was admitted at trial.
Issue(s)
Whether a defendant preserves a claim regarding the admission of a co-defendant’s redacted confession by making a pre-trial motion to sever, or whether the defendant must object to the admission of the redacted confession at trial when it is offered as evidence.
Holding
No, because the defendant failed to object to the admission of the co-defendant’s redacted confession at the time it was offered into evidence, thus failing to preserve the claim for appellate review.
Court’s Reasoning
The Court of Appeals emphasized that to preserve an issue for appellate review, a party must make a timely and specific objection when the evidence is offered. The court stated, “The purposes and requirements of the preservation rules are not satisfied by intertwining and piggy-backing distinct procedural steps of the criminal proceeding, as for example severance motions and evidentiary submissions.” Russell’s pre-trial motion to sever, made before the admissibility of the confession was determined, was insufficient. After the Huntley hearing, when the court ruled on admissibility subject to redaction, Russell’s counsel did not renew the motion to sever or object to the redaction. His silence was construed as acquiescence. The court noted that the objection after jury instructions was too late for preservation purposes. The Court found that any evidence admitted without objection that may have linked Russell to Bailey’s confession was inconsequential and did not amount to prejudicial error. The Court of Appeals affirmed the Appellate Division’s order.