9.8 - 3. Issues Supported By Trial Record

• Jurisdiction: New York

3. Issues Supported by Trial Record

Appellate courts will review issues that are irrefutably established with facts supported by the record, notwithstanding that the proponent failed to raise the particular argument below.²⁰⁷⁰ As the N.Y. Court of Appeals in Persky stated:

In our review we are confined to the questions raised or argued at the trial but not to the arguments there presented. “Nor is it material whether the case was well presented to the court below, in the arguments addressed to it. It

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