People v. Fanning

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN FANNING, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 29, 1949

89 N.E.2d 881 (N.Y. 1949)

89 N.E.2d 881

Opinion

Submitted November 28, 1949

Decided December 29, 1949

Appeal from the Supreme Court, Appellate Division, First Department, GOLDSTEIN, J.

John Fanning, appellant in person.

Frank S. Hogan, District Attorney ( Edgar J. Nathan, 3d, and Whitman Knapp of counsel), for respondent.

Per Curiam.

The defendant's petition does not sufficiently allege a case of fraudulent use of perjured testimony by the prosecuting attorney to warrant relief by a coram nobis proceeding. The order should be affirmed.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.

Order affirmed.