People v. Booth
216 N.E.2d 615, 17 N.Y.2d 681, 269 N.Y.S.2d 457, 1966 N.Y. LEXIS 1462
Opinion
[682]*682Order affirmed. In our opinion the trial court was correct in denying the writ of error coram, nobis until petitioner’s sanity is restored (see People v. Cossentino, 14 N Y 2d 750).
Concur: Chief Judge Desmond and Judges Van Voobhis, Bubke, Soileppi, Bebgan and Keating. Judge Fuld dissents in the following memorandum: I do not believe that a defendant’s mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U. S. 107.) I would reverse and remand for a hearing on the merits.
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People v. Booth, 216 N.E.2d 615, 17 N.Y.2d 681, 269 N.Y.S.2d 457, 1966 N.Y. LEXIS 1462 (N.Y. 1966).
216 N.E.2d 615 (People v. Booth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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