People v. Booth

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH BOOTH, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 31, 1966

216 N.E.2d 615 (N.Y. 1966)

216 N.E.2d 615

269 N.Y.S.2d 457

Opinion

Argued February 21, 1966

Decided March 31, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. SARAFITE, J.

Phylis Skloot Bamberger, Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney ( Michael R. Stack and H. Richard Uviller of counsel), for respondent.

Order affirmed. In our opinion the trial court was correct in denying the writ of error coram nobis until petitioner's sanity is restored (see People v. Cossentino, 14 N.Y.2d 750).

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Judge FULD dissents in the following memorandum: I do not believe that a defendant's mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U.S. 107.) I would reverse and remand for a hearing on the merits.