People v. Kelly

Chief Judge Desmond.

The order should be affirmed. However, some of the statements in the opinion of the intermediate court (former Appellate Part of Special Sessions) prompt us to elaborate somewhat on the jurisdictional and procedural questions there discussed.

The Appellate Part correctly held (see People v. Loria, 10 N Y 2d 368) that the exclusionary doctrine of Mapp v. Ohio (367 U. S. 643) applies to criminal causes tried before the Mapp ruling. The court next stated that “ the absence of exception to the admissibility of the offending evidence in the trial court is not a bar to a review”…