People ex rel. Gibbs v. Vincent

New York Court of Appeals
People ex rel. Gibbs v. Vincent, 39 N.Y.2d 918 (N.Y. 1976)
352 N.E.2d 592; 386 N.Y.S.2d 405; 1976 N.Y. LEXIS 2863

People ex rel. Gibbs v. Vincent

Opinion of the Court

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 NY2d 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 AD2d 845; see, also, Francis v Henderson, 425 US 536; Estelle v Williams, 425 US 501).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

Reference

Full Case Name
The People of the State of New York ex rel. Lonnie Lester Gibbs v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility
Cited By
6 cases
Status
Published