| NY | Apr 4, 1963
Order reversed and judgment of the County Court, Albany County, reinstated upon the ground that, when counsel for defendant voiced “ no objection ” to the admission into evidence of the material allegedly obtained contrary to the principles enunciated in Mapp v. Ohio (367 U.S. 643" date_filed="1961-10-09" court="SCOTUS" case_name="Mapp v. Ohio">367 U. S. 643), no question of law was preserved for review by any appellate court (People v. Friola, 11 N Y 2d 157; People v. Kelly, 12 N Y 2d 248). Although the Appellate Division is empowered to consider the legality of the evidence in deciding whether to reverse on the facts or in the “interests of justice ” (see People v. Kelly, supra), that court has indicated in the present case that ‘ ‘ Except for the asserted question of law [it] would have affirmed on the facts ”. Other alleged errors raised by defendant on this appeal are without substance. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Ftjld, Van Voobhis, Btjbke, Postee and Scileppi.