On January 22, 1963, relator was convicted in the Supreme Court, New York County, of attempted rape in the first degree, burglary in the first degree, and assault in the third degree. At the trial a screwdriver, allegedly obtained by the People as the result of an illegal search and seizure, was marked for identification and referred to during the trial and in summation by the District Attorney. No objection was made at the trial to the testimony or the summation. The judgment...
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