People ex rel. Gibbs v. Vincent

New York Court of Appeals

People ex rel. Gibbs v. Vincent

352 N.E.2d 592, 39 N.Y.2d 918, 386 N.Y.S.2d 405, 1976 N.Y. LEXIS 2863

CourtNew York Court of Appeals

DecidedJune 15, 1976

StatusPublished

Cited by6 cases

This text of 352 N.E.2d 592 (People ex rel. Gibbs v. Vincent) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

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.

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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.

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Bluebook (online)

352 N.E.2d 592, 39 N.Y.2d 918, 386 N.Y.S.2d 405, 1976 N.Y. LEXIS 2863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-gibbs-v-vincent-ny-1976.

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