People v. Boney

Appellate Division of the Supreme Court of New York

People v. Boney

34 A.D.2d 651, 310 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 5197

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

DecidedApril 6, 1970

StatusPublished

This text of 34 A.D.2d 651 (People v. Boney) 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. Boney, 34 A.D.2d 651, 310 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 5197 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a proceeding by defendant with respect to a judgment of conviction rendered by the former County Court, Kings County, on June 29, 1960, the appeal is from an order of the Supreme Court, Kings County, dated September 29, 1967 (erroneosly referred to in the briefs by the date of October 2, 1967), which denied the application without a hearing. Order affirmed. While orders denying motions for resentence are not appealable, we are of the opinion that when an attack on the legality of a conviction used as a predicate for multiple offender treatment involves the construction of a statute, or a question of its applicability or compliance therewith, it is properly within the scope of coram nobis (People v. Wright, 34 A D 2d 736). Accordingly, the order is appealable and our determination for affirmance is on the merits. Christ, Acting P. J., Rabin, Hopkins and Munder, JJ., concur; (Beldock, P. J., deceased.)

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In a proceeding by defendant with respect to a judgment of conviction rendered by the former County Court, Kings County, on June 29, 1960, the appeal is from an order of the Supreme Court, Kings County, dated September 29, 1967 (erroneosly referred to in the briefs by the date of October 2, 1967), which denied the application without a hearing. Order affirmed. While orders denying motions for resentence are not appealable, we are of the opinion that when an attack on the legality of a conviction used as a predicate for multiple offender treatment involves the construction of a statute, or a question of its applicability or compliance therewith, it is properly within the scope of coram nobis (People v. Wright, 34 A D 2d 736). Accordingly, the order is appealable and our determination for affirmance is on the merits. Christ, Acting P. J., Rabin, Hopkins and Munder, JJ., concur; (Beldock, P. J., deceased.)

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Bluebook (online)

34 A.D.2d 651, 310 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 5197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boney-nyappdiv-1970.