PEOPLE v. ZITO


18 A.D.2d 668 (1962)

The People of the State of New York, Respondent, v. Agatino Zito, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1962


Order affirmed.

The application was made on the ground that, under the recent holding in Mapp v. Ohio (367 U.S. 643), evidence had been erroneously received at defendant's trial in 1957. Defendant did not appeal from the judgment of conviction. Hence, he cannot now be heard to raise the question of admissibility of evidence (People v. Caminito, 3 N.Y.2d 596, 601); nor can coram nobis...

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