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People v. Solla

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1968
31 A.D.2d 606 (N.Y. App. Div. 1968)

Opinion

December 5, 1968


Order entered in Supreme Court, Bronx County, on June 19, 1968, denying a motion for resentence, which motion is deemed to be one for coram nobis relief (see People v. Machado, 17 N.Y.2d 440), unanimously modified, on the law, to the extent of denying defendant's application without prejudice to a renewal thereof if and when defendant is certified as sane. After the sentence, and in March, 1953, defendant was certified insane and was transferred to Dannemora State Hospital where he has been continuously confined to date. The merits of the application have therefore not been considered, and any question as to the validity of defendant's contentions must await determination until such time as his sanity is restored. ( People v. Booth, 17 N.Y.2d 681.)

Concur — Steuer, J.P., Capozzoli, McGivern and McNally, JJ.


Summaries of

People v. Solla

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1968
31 A.D.2d 606 (N.Y. App. Div. 1968)
Case details for

People v. Solla

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SOLLA…

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

Date published: Dec 5, 1968

Citations

31 A.D.2d 606 (N.Y. App. Div. 1968)