Opinion · Nylaw New York

PEOPLE v. WEST, 12 N.Y.2d 1090 (1963)

240 N.Y.S.2d 159

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1963-04-04
Topic
general

PEOPLE v. WEST, 12 N.Y.2d 1090 (1963) 240 N.Y.S.2d 159, 190 N.E.2d 532 THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LEON E. WEST,Respondent.Court of Appeals of the State of New York.Argued January 22, 1963 Decided April 4, 1963 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MARTIN SCHENCK, J. John T.

Citator

UpLaw has not yet analyzed PEOPLE v. WEST, 12 N.Y.2d 1090 (1963). The absence of a flag is not a finding that it is good law.

PEOPLEv.WEST,12 N.Y.2d 1090(1963)
240 N.Y.S.2d 159,190 N.E.2d 532
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,v.LEON E. WEST,
Respondent.
Court of Appeals of the State of New York.
Argued January 22, 1963
Decided April 4, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MARTIN SCHENCK, J.Page 1091
John T. Garry, II, District Attorney(Condon A. Lyonsof counsel), for appellant.Bernard Ellenbogenfor respondent.Martin F. RichmanandMelvin L. Wulffor American Civil Liberties Union,amicus curiae.
Order reversed and judgment of the County Court, Albany County, reinstated upon the ground that, when counsel for defendant voiced "no objection" to the admission into evidence of the material allegedly obtained contrary to the principles enunciated inMappv.Ohio(367 U.S. 643), no question of law was preserved for review by any appellate court (Peoplev.Friola,11 N.Y.2d 157;Peoplev.Kelly,12 N.Y.2d 248). Although the Appellate Division is empowered to consider the legality of the evidence in deciding whether to reverse on the facts or in the "interests of justice" (seePeoplev.Kelly,supra),that court has indicated in the present case that "Except for the asserted question of law [it] would have affirmed on the facts". Other alleged errors raised by defendant on this appeal are without substance. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.Page 1092