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  5. 11 N.Y.2d 157 (1962)
 

PEOPLE v. FRIOLA

11 N.Y.2d 157 (1962)

The People of the State of New York, Respondent, v. Vincent Friola, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Michael S. Washor for appellant.

Edward S. Silver, District Attorney (Raymond J. Scanlan, Jr., David Diamond and Harry Brodbar of counsel), for respondents.

Judges DYE, BURKE and FOSTER concur with Judge FROESSEL; Judge VAN VOORHIS concurs with Judge FROESSEL in a separate opinion in which Judges DYE, FROESSEL, BURKE and FOSTER concur; Chief Judge DESMOND dissents in an opinion in which Judge FULD concurs.

FROESSEL, J.

In a trial which took place before the decision of the Supreme Court of the United States in Mapp v. Ohio (367 U.S. 643) on June 19, 1961, defendant was convicted in City Magistrates' Court of having violated sections 986 and 986-b of the Penal Law. After the Mapp decision, and on December 27, 1961, the convictions...

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