From Casetext: Smarter Legal Research

People ex Rel. Gibbs v. Vincent

Court of Appeals of the State of New York
Jun 15, 1976
39 N.Y.2d 918 (N.Y. 1976)

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.


Summaries of

People ex Rel. Gibbs v. Vincent

Court of Appeals of the State of New York
Jun 15, 1976
39 N.Y.2d 918 (N.Y. 1976)
Case details for

People ex Rel. Gibbs v. Vincent

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. LONNIE LESTER GIBBS…

Court:Court of Appeals of the State of New York

Date published: Jun 15, 1976

Citations

39 N.Y.2d 918 (N.Y. 1976)
386 N.Y.S.2d 405
352 N.E.2d 592

Citing Cases

State v. Cuadrado

( People v Boston, 75 NY2d 585; People v Iannone, 45 NY2d 589; People v Casdia, 163 AD2d 604, 78 NY2d 1024;…

People v. Williams

The Court of Appeals has explained, "The purpose of [these] provisions is to prevent CPL § 440.10 from being…