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People v. Berger

Court of Appeals of the State of New York
Feb 23, 1961
173 N.E.2d 243 (N.Y. 1961)

Summary

reversing Appellate Division's denial of coram nobis petition and remitting for trial of petitioner's allegation of abandonment by counsel

Summary of this case from Maddox v. State

Opinion

Argued January 10, 1961

Decided February 23, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.

Maurice Edelbaum for appellant.

Frank S. Hogan, District Attorney ( Harold Roland Shapiro of counsel), for respondent.


Order reversed and the matter remitted to the Court of General Sessions of the County of New York for a trial of defendant's allegations of abandonment by counsel and coercion in the procurement of his confession and plea of guilty. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Taking no part: Judge FULD.


Summaries of

People v. Berger

Court of Appeals of the State of New York
Feb 23, 1961
173 N.E.2d 243 (N.Y. 1961)

reversing Appellate Division's denial of coram nobis petition and remitting for trial of petitioner's allegation of abandonment by counsel

Summary of this case from Maddox v. State

In People v. Berger (9 N.Y.2d 692) in which a somewhat similar issue of abandonment by counsel was raised, it was decided that the denial of a hearing was error.

Summary of this case from People v. Buckley
Case details for

People v. Berger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACOB BERGER, Appellant

Court:Court of Appeals of the State of New York

Date published: Feb 23, 1961

Citations

173 N.E.2d 243 (N.Y. 1961)
173 N.E.2d 243
212 N.Y.S.2d 425

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