People v. Muller

Defendant’s conviction of transgressing subdivision 3 of section 1751 of our Penal Law (possession of narcotics) was affirmed by the Appellate Division in October, 1954. Leave to appeal was first denied by a Judge of our court *156on November 8, 1954; reargument of the motion for leave was thrice denied on December 7, 1955, January 11, 1956, and November 30, 1961. On defendant’s fourth application for reargument, leave was granted so that we might consider the applicability of Mapp v. Ohio (367 U. S. 643) to a case such as this, where the appellate process was exhausted before the new rule was…