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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1971
37 A.D.2d 962 (N.Y. App. Div. 1971)

Opinion

November 1, 1971


In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated June 17, 1970, which denied his application without a hearing. Order affirmed. The sole claim properly before us on this appeal is the question of the adequacy of defendant's assigned counsel ( People v. Silverman, 3 N.Y.2d 200). However, we find no merit as to that in this case (cf. People v. Tomaselli, 7 N.Y.2d 350; People v. Brown, 7 N.Y.2d 359). Defendant's claims with respect to the withdrawal of his guilty plea, even if justified, and we believe they are without merit, were all available on his appeal from the judgment of conviction and are not properly the subject of coram nobis relief ( People v. Washington, 33 A.D.2d 699; People v. Brown, 13 N.Y.2d 201; People v. Howard, 12 N.Y.2d 65; People v. Shapiro, 3 N.Y.2d 203; People v. Sullivan, 3 N.Y.2d 196). Munder, Acting P.J., Latham, Shapiro, Christ and Benjamin, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1971
37 A.D.2d 962 (N.Y. App. Div. 1971)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RODRIGUEZ…

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

Date published: Nov 1, 1971

Citations

37 A.D.2d 962 (N.Y. App. Div. 1971)