SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 22, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WALLACE MATTHEW, JR., ALSO KNOWN AS MATTHEW WALLACE, APPELLANT
Appeal by defendant from a judgment of resentence of the Supreme Court, Kings County, rendered May 12, 1967 upon a conviction of murder in the first degree, upon a jury verdict, resentencing him nunc pro tuncas of April 7, 1947.
Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
Defendant's claim of an illegal search and seizure is not cognizable (People v. Friola, 11 N.Y.2d 157; People v. Muller, 11 N.Y.2d 154; cf. People v. Spero, 25 A.D.2d 882).
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