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People v. Nettingham

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1962
17 A.D.2d 979 (N.Y. App. Div. 1962)

Opinion

November 19, 1962


Appeal by defendant from a judgment of the County Court, Orange County, rendered April 22, 1960 after a jury trial, convicting him of (a) possession of a narcotic with intent to sell; and (b) sale of a narcotic (Penal Law, § 1751, subds. 1, 2), and imposing sentence. Judgment affirmed. In the absence of objection on constitutional grounds, or inquiry indicating that the lawfulness of the alleged search and seizure is questioned, the defendant, on an appeal, may not take advantage of the determination in Mapp v. Ohio ( 367 U.S. 643). (See People v. Loria, 10 N.Y.2d 368; People v. Friola, 11 N.Y.2d 157; People v. O'Neill, 11 N.Y.2d 148.) Beldock, P.J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

People v. Nettingham

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1962
17 A.D.2d 979 (N.Y. App. Div. 1962)
Case details for

People v. Nettingham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NETTINGHAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 19, 1962

Citations

17 A.D.2d 979 (N.Y. App. Div. 1962)

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