People v. Cardi

Appellate Division of the Supreme Court of New York

People v. Cardi

34 A.D.2d 1018, 314 N.Y.S.2d 135, 1970 N.Y. App. Div. LEXIS 4309

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

DecidedJune 29, 1970

StatusPublished

This text of 34 A.D.2d 1018 (People v. Cardi) 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. Cardi, 34 A.D.2d 1018, 314 N.Y.S.2d 135, 1970 N.Y. App. Div. LEXIS 4309 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated June 17, 1969, which denied the application, without a hearing. Order reversed, on the law, and proceeding remitted to the 'Criminal Term for a hearing. The findings of fact below have not been considered. In our opinion, appellant’s allegations, although improbable, are neither so incredible as a matter of law nor so clearly refuted by the record that he is not entitled to a hearing (People v. Bagley, 23 N Y 2d 814). Christ, P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated June 17, 1969, which denied the application, without a hearing. Order reversed, on the law, and proceeding remitted to the 'Criminal Term for a hearing. The findings of fact below have not been considered. In our opinion, appellant’s allegations, although improbable, are neither so incredible as a matter of law nor so clearly refuted by the record that he is not entitled to a hearing (People v. Bagley, 23 N Y 2d 814). Christ, P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

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Bluebook (online)

34 A.D.2d 1018, 314 N.Y.S.2d 135, 1970 N.Y. App. Div. LEXIS 4309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cardi-nyappdiv-1970.