Opinion
Argued December 6, 1962
Decided December 31, 1962
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, T. VINCENT QUINN, M., BERNARD DUBIN, M.
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 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.