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People v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1969
32 A.D.2d 974 (N.Y. App. Div. 1969)

Opinion

July 1, 1969


Appeal from an order of the County Court of Rensselaer County, which denied, without a hearing, an application in the nature of a writ of error coram nobis to vacate a judgment convicting defendant of illegal possession of a firearm, as a felony, and illegal possession of burglar's instruments, as a felony. We need not pass on all the grounds that might be urged for affirmance, as People v. Morgan ( 270 App. Div. 859) is alone dispositive of this appeal. The gravamen of the Federal conviction includes the concealing of the stolen automobile, restricted, however, to interstate transportation. Such concealment of property is clearly a crime in this State (see former Penal Law, § 1308). Order affirmed. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J.


Summaries of

People v. Cunningham

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1969
32 A.D.2d 974 (N.Y. App. Div. 1969)
Case details for

People v. Cunningham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD CUNNINGHAM…

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

Date published: Jul 1, 1969

Citations

32 A.D.2d 974 (N.Y. App. Div. 1969)
301 N.Y.S.2d 703

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