People v. Blake

Appellate Division of the Supreme Court of New York

People v. Blake

15 A.D.2d 925, 225 N.Y.S.2d 528, 1962 N.Y. App. Div. LEXIS 11141

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

DecidedMarch 5, 1962

StatusPublished

This text of 15 A.D.2d 925 (People v. Blake) 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. Blake, 15 A.D.2d 925, 225 N.Y.S.2d 528, 1962 N.Y. App. Div. LEXIS 11141 (N.Y. Ct. App. 1962).

Pincite

Opinion

The papers on appeal reveal that in 1956 defendant made a similar coram nobis application in the County Court, Kings County; that such prior application was based on the identical claims which defendant now urges on this appeal; and that after a hearing defendant’s claims were determined adversely to him and such prior application was denied on June 28, 1956. A comparison of the minutes of that hearing with the petition here reveals that no new or different grounds are now urged in support of the relief sought. Nor do the defendant’s present papers reveal the existence of new or additional evidence of sufficient merit or substance [926]*926bearing on the questions raised. Hence, the court was not required to hold a new hearing (People v. Sullivan, 4 N Y 2d 472). Beldock, P. J., Kleinfeld, Brennan, Babin and Hopkins, JJ., concur.

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The papers on appeal reveal that in 1956 defendant made a similar coram nobis application in the County Court, Kings County; that such prior application was based on the identical claims which defendant now urges on this appeal; and that after a hearing defendant’s claims were determined adversely to him and such prior application was denied on June 28, 1956. A comparison of the minutes of that hearing with the petition here reveals that no new or different grounds are now urged in support of the relief sought. Nor do the defendant’s present papers reveal the existence of new or additional evidence of sufficient merit or substance [926]*926bearing on the questions raised. Hence, the court was not required to hold a new hearing (People v. Sullivan, 4 N Y 2d 472). Beldock, P. J., Kleinfeld, Brennan, Babin and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 925, 225 N.Y.S.2d 528, 1962 N.Y. App. Div. LEXIS 11141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blake-nyappdiv-1962.