People v. Saldana

1 Citing case

  1. People v. Aponte

    270 N.E.2d 700 (N.Y. 1971)   Cited 11 times
    In People v. Aponte (28 N.Y.2d 343) the N.Y. Supreme Court denied, without prejudice, a coram nobis application of an inmate of Dannemora State Hospital in supposed compliance with People v. Booth (17 N.Y.2d 681). The theory for denial was that an inmate of Dannemora State Hospital is incompetent to participate in legal proceedings.

    Two decisions of this court rendered subsequent to Booth have been variously construed by courts below; but in each case the facts required affirmance, without regard to the legal principle ascribed to Booth. (See People v. Saldana, 25 N.Y.2d 1004; People ex rel. Ciavarelli v. Herold, 32 A.D.2d 692, affd. 27 N.Y.2d 826.) The Appellate Division decisions reveal disparate treatment, in each Department, as between the courts of original jurisdiction and the Appellate Division itself, the former uniformly denying coram nobis, without prejudice, in supposed compliance with Booth, and the reviewing court in each instance reversing and remitting for a hearing in respect of the defendant's competency.