Opinion
Argued April 30, 1976
Decided June 15, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ROBERT J. STOLARIK, J.
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.
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 asserted is not reviewable in a collateral proceeding (see People ex rel. Di Cambio v McKendrick, 33 A.D.2d 845; see, also, Francis v Henderson, 425 U.S. 536; Estelle v Williams, 425 U.S. 501).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.