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People v. Rodriquez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1965
23 A.D.2d 683 (N.Y. App. Div. 1965)

Opinion

March 15, 1965


In a coram nobis proceeding, defendants appeal from an order of the Supreme Court, Kings County, entered March 27, 1963, which denied without a hearing their application to vacate as to each of them a judgment of the former County Court, Kings County, rendered June 24, 1958 after a jury trial, convicting them of attempted robbery in the first degree, and imposing sentence. The judgment of conviction was previously affirmed by this court ( 7 A.D.2d 1017). Order reversed on the law and the facts, and application remitted to the Supreme Court, Kings County, for a hearing of the issues and for a determination based upon the proof adduced at such hearing. In our opinion, the defendants' present papers: (a) raise issues which were never determined at the hearing conducted upon the defendants' previous coram nobis application (see 14 A.D.2d 917); and (b) reveal the existence of evidence which is of sufficient substance to warrant a hearing upon such issues. Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.


Summaries of

People v. Rodriquez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1965
23 A.D.2d 683 (N.Y. App. Div. 1965)
Case details for

People v. Rodriquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH RODRIQUEZ and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1965

Citations

23 A.D.2d 683 (N.Y. App. Div. 1965)