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PEOPLE EX REL. GIBBS v. VINCENT

39 N.Y.2d 918 (1976)

The People of the State of New York ex rel. Lonnie Lester Gibbs, Appellant, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1976.

Attorney(s) appearing for the Case

Frank P. Barone, Public Defender (Stuart Leudan and Alan M. Simon of counsel), for appellant.

Kenneth Gribetz, District Attorney (Thomas E. Urell of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division is affirmed. Relator, not having objected at the criminal trial to the introduction of the knife on constitutional grounds nor having otherwise called the court's attention to such a question at the time of trial or on appeal (29 N.Y.2d 754), is deemed to have waived the issue. Moreover, and perhaps more importantly, the alleged trial error...

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