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People v. Stevenson

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1961
14 A.D.2d 779 (N.Y. App. Div. 1961)

Opinion

October 2, 1961


Appeal by defendant from an order of the County Court, Kings County, dated December 2, 1955, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered December 30, 1952, convicting him, after a jury trial, of robbery in the first degree, and sentencing him as a third felony offender to serve a term of 15 to 25 years. Order affirmed. The purely conclusory allegations in defendant's petition that the conviction was procured by reason "of perjury, fraud and misrepresentation of the People's witnesses as to the identification of petitioner" did not present any factual issue requiring a hearing ( People v. Fanning, 300 N.Y. 593; People v. Oddo, 300 N.Y. 649). The alleged failure of the sentencing court to comply with the mandate of section 480 of the Code of Criminal Procedure cannot be raised by means of a writ of error coram nobis ( People v. Sullivan, 3 N.Y.2d 196). Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.


Summaries of

People v. Stevenson

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1961
14 A.D.2d 779 (N.Y. App. Div. 1961)
Case details for

People v. Stevenson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRIS STEVENSON…

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

Date published: Oct 2, 1961

Citations

14 A.D.2d 779 (N.Y. App. Div. 1961)

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