PEOPLE v. UPSON


20 A.D.2d 572 (1963)

The People of the State of New York, Respondent, v. Ollie Freeman Upson, Appellant

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

December 23, 1963


Order affirmed.

The application is predicated upon the claim that illegally seized evidence was presented to the Grand Jury which returned the indictment. Defendant, prior to the judgment of conviction, did not move to suppress the illegal evidence, but instead pleaded guilty to the indictment. Nor did defendant appeal from the judgment of conviction. Under the circumstances, on this application he may not raise the question of the admissibility of the evidence (...

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