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People v. Spero

The People of the State of New York v. Ralph Spero

People v. Spero, 25 A.D.2d 882 (1966)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 23, 1966
Judges
Beldoek, Benjamin, Christ, Hill, Ughetta
Citations
25 A.D.2d 882270 N.Y.S.2d 2541966 N.Y. App. Div. LEXIS 4131

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

-In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered September 16, 1965, which, without a hearing, denied his application to vacate a judgment of the former County Court, Kings County, rendered June 12, 1961, convicting him of robbery in the first degree, grand larceny in the first degree, assault in the second degree and kidnapping, upon a jury verdict, and imposing sentence on the robbery count. The judgment was previously affirmed by this court (People v. Spero, 16 A D 2d 981) and leave to appeal to the Court of Appeals was denied on October 4, 1962 by Desmond, Ch. J., of that court. Order affirmed. Defendant seeks to vacate his conviction on the ground that certain evidence introduced at the trial was obtained as a result of an illegal search and seizure. Mapp v. Ohio ( 367 U. S. 643 ) was decided while the appeal from the judgment was pending. Defendant was precluded from invoking the doctrine of Mapp on appeal because he had failed to raise a constitutional objection to the introduction of the evidence in question at the trial. (People v. Friola, 11 N Y 2d 157.) He may not now resort to the remedy of coram nobis to apply Mapp retrospectively (People v. Muller, 11 N Y 2d 154; Linkletter v. Walker, 381 U. S. 618 ).

Beldoek, P. J., Ughetta, Christ, Hill and Benjamin, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 11967: 11968: 119662026peak 1966 · 1

Relies on it most ⓘ

  1. United States ex rel. Spero v. McKendrick266 F. Supp. 718 (S.D.N.Y. 1967)
  2. United States ex rel. Lusterino v. Dros260 F. Supp. 13 (S.D.N.Y. 1966)
  3. United States ex rel. Mishkin v. Thomas282 F. Supp. 729 (S.D.N.Y. 1968)

Most recent

  1. United States ex rel. Mishkin v. Thomas282 F. Supp. 729 (S.D.N.Y. 1968)
  2. United States ex rel. Spero v. McKendrick266 F. Supp. 718 (S.D.N.Y. 1967)
  3. United States ex rel. Lusterino v. Dros260 F. Supp. 13 (S.D.N.Y. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Mapp v. Ohio, 367 U.S. 643 (1961) 7,228
Linkletter v. Walker, 381 U.S. 618 (1965) 2,186

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