March 7, 1956
Motion to appeal on original record and handwritten briefs denied on the ground that the application to the Supreme Court, Erie County, was one for resentence although entitled as one in the nature of coram nobis. The relief asked was for "a proper sentence as a first offender". The order on a motion for resentence only is not appealable. (See People v. Sidoti, 1 A.D.2d 232.)
Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESLIE E. ROCKWELL…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Mar 7, 1956
The distinction is important and not meaningless. For example, the statute provides that a coram nobis…
People v. MachadoThe court considered defendant's application as a motion for resentence and denied it on the merits (see 34…