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PEOPLE v. W.

12 N.Y.2d 1090 (1963)

The People of the State of New York, Appellant, v. Leon E. West, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1963.

Attorney(s) appearing for the Case

John T. Garry, II, District Attorney (Condon A. Lyons of counsel), for appellant.

Bernard Ellenbogen for respondent.

Martin F. Richman and Melvin L. Wulf for American Civil Liberties Union, amicus curiæ.

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

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 in Mapp v. Ohio (367 U.S. 643), no question of law was preserved for review by any appellate court (People v. Friola, 11 N.Y.2d 157; People v...

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