People v. Savino
| Decision Date | 06 April 1964 |
| Citation | 20 A.D.2d 901,248 N.Y.S.2d 984 |
| Parties | The PEOPLE of the State of New York, Respondent, v. William SAVINO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Herbert A. Lyon, Kew Gardens, for appellant.
Edward S. Silver, Dist. Atty., Brooklyn, Frank DiLalla, Brooklyn, of counsel for respondent.
Before BELDOCK, P. J., and KLEINFELD, CHRIST, BRENNAN and HILL, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the former County Court, Kings County, rendered January 5, 1962 after a jury trial, convicting him (and a co-defendant) of robbery and grand larceny (both in the first degree) and assault in the second degree, and imposing sentence.
Judgment affirmed.
In our opinion, although it was error ot admit into evidence defendant's hat and coat because their seizure was the result of a search which was not incidental to defendant's arrest, nevertheless the admission of such evidence did not affect defendant's substantial rights and may be disregarded (Code of Criminal Procedure, § 542).
[For affirmance of judgment as to the co-defendant, see People v. DeBerry, 20 A.D.2d 758, 247 N.Y.S.2d 861.]
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