People v. Anderson

Appellate Division of the Supreme Court of New York

People v. Anderson

4 A.D.2d 886, 167 N.Y.S.2d 464, 1957 N.Y. App. Div. LEXIS 4207

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 28, 1957

StatusPublished

This text of 4 A.D.2d 886 (People v. Anderson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Anderson, 4 A.D.2d 886, 167 N.Y.S.2d 464, 1957 N.Y. App. Div. LEXIS 4207 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal from an order of the County Court, Richmond County, denying, without a hearing, an application in the nature of a writ of error coran, nobis to vacate a judgment of said court rendered on October 8, 1954, convicting appellant, on his plea of guilty, of grand larceny in the second degree. Order reversed on the law and the facts and application remitted to the County Court for a hearing on the issues and for such further proceedings thereon as may be proper and not inconsistent herewith. It is claimed that the District Attorney knowingly suppressed material evidence. It is our opinion that a hearing should be held on this issue. Wenzel, BeldoCk, Murphy and Kleinfeld, JJ., concur; Nolan, P. J., dissents and votes to affirm.

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Appeal from an order of the County Court, Richmond County, denying, without a hearing, an application in the nature of a writ of error coran, nobis to vacate a judgment of said court rendered on October 8, 1954, convicting appellant, on his plea of guilty, of grand larceny in the second degree. Order reversed on the law and the facts and application remitted to the County Court for a hearing on the issues and for such further proceedings thereon as may be proper and not inconsistent herewith. It is claimed that the District Attorney knowingly suppressed material evidence. It is our opinion that a hearing should be held on this issue. Wenzel, BeldoCk, Murphy and Kleinfeld, JJ., concur; Nolan, P. J., dissents and votes to affirm.

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Bluebook (online)

4 A.D.2d 886, 167 N.Y.S.2d 464, 1957 N.Y. App. Div. LEXIS 4207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anderson-nyappdiv-1957.