People v. Augusta

Appellate Division of the Supreme Court of New York

People v. Augusta

26 A.D.2d 943, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3108

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

DecidedNovember 14, 1966

StatusPublished

This text of 26 A.D.2d 943 (People v. Augusta) 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. Augusta, 26 A.D.2d 943, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3108 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Suffolk County, entered August 16, 1965, which, without a hearing, denied his application to vacate a judgment of said court, [944]*944rendered June 15, 1964, convicting him of conspiracy, offering to bribe a police officer and bribing a public officer, upon a jury verdict, and imposing sentence. Order reversed, on the law and the facts; application granted to the extent of directing that a hearing be held upon the issues raised by the papers; matter remanded accordingly to the County Court, Suffolk County. In our opinion, a hearing should have been granted under the exceptional circumstances here presented. Brennan, Acting P. J., Rabin, Hopkins and Benjamin, JJ., concur; Hill, J., not voting.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Suffolk County, entered August 16, 1965, which, without a hearing, denied his application to vacate a judgment of said court, [944]*944rendered June 15, 1964, convicting him of conspiracy, offering to bribe a police officer and bribing a public officer, upon a jury verdict, and imposing sentence. Order reversed, on the law and the facts; application granted to the extent of directing that a hearing be held upon the issues raised by the papers; matter remanded accordingly to the County Court, Suffolk County. In our opinion, a hearing should have been granted under the exceptional circumstances here presented. Brennan, Acting P. J., Rabin, Hopkins and Benjamin, JJ., concur; Hill, J., not voting.

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Bluebook (online)

26 A.D.2d 943, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-augusta-nyappdiv-1966.