People v. Amendolare — 12 N.Y.2d 867

Majority

p. 867

The People of the State of New York, Respondent, v. Nick Amendolare, Appellant.

Argued December 6, 1962;

decided December 31, 1962.

Sidney G. Sparrow and Robert E. Sparrow for appellant.

Frank D. O’Connor, District Attorney (Benj. J. Jacobson and William D. Friedmann of counsel), for respondent.

Judgment reversed, the complaint dismissed and the fine remitted upon the ground that some of the evidence introduced

p. 868

to prove the violation of section 986-b of the Penal Law was illegally obtained (Mapp v. Ohio, 367 U. S. 643 ; People v. Loria, 10 N Y 2d 368 ) and its introduction excepted to (People v. O’Neill, 11 N Y 2d 148 ). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.