People v. West
| Citation | 12 N.Y.2d 1090,190 N.E.2d 532,240 N.Y.S.2d 159 |
| Parties | , 190 N.E.2d 532 The PEOPLE, etc., Appellant, v. Leon E. WEST, Respondent. |
| Decision Date | 04 April 1963 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department.
The defendant was convicted of possessing narcotics with intent to sell in violation of the Penal Law, Consol.Laws, c. 40, § 1751(2). The Albany County Court rendered judgment and sentenced defendant as a third felony offender to serve to term of 8 to 16 years, and the defendant appealed.
The Appellate Division reversed the conviction and directed a new trial on the authority of and for the reasons and purposes stated in People v. Loria, 10 N.Y.2d 368, 223 N.Y.S.2d 462, 179 N.E.2d 478.
The People of the State of New York appealed to the Court of Appeals. The defendant contended in the Court of Appeals that he was arrested in his own home without cause and that therefore the arrest and subsequent search and seizure without a warrant were unlawful and unreasonable, and that the invasion of defendant's constitutional rights to counsel and against self-incrimination alone required reversal and entitled the defendant to a new trial, and that the Penal Law, § 1751(2) is unconstitutional insofar as it creates a presumption of intent to sell or give away narcotics from the mere fact of possession, and that any conviction thereunder is void, and that the admission in evidence of the statement or confession of the woman, who lived with the defendant, without explanation of its purpose, was reversible error, and that defendant's confession was obtained under the influence of fear produced by threats and should not have been received in evidence, and that the People failed to establish the defendant's guilt beyond a reasonable doubt.
Bernard Ellenbogen, Albany, for defendant-respondent.
Martin F. Richman, New York City (Melvin L. Wulf, New York City, of counsel), for American Civil Liberties Union, as amicus curiae.
Order reversed and the judgment of the Supreme 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, 81 S.Ct. 1684, 6 L.Ed.2d 1081, no question of law was preserved for review by any appellate court (People v. Friola, 11 N.Y.2d 157, 227 N.Y.S.2d 423, 182 N.E.2d 100; People v. Kelly, 12 N.Y.2d 248, 238 N.Y.S.2d 934, 189 N.E.2d 477)....
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