People v. Cunningham

Appellate Division of the Supreme Court of New York

People v. Cunningham

32 A.D.2d 974, 301 N.Y.S.2d 703, 1969 N.Y. App. Div. LEXIS 3512

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

DecidedJuly 1, 1969

StatusPublished

Cited by1 cases

This text of 32 A.D.2d 974 (People v. Cunningham) 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. Cunningham, 32 A.D.2d 974, 301 N.Y.S.2d 703, 1969 N.Y. App. Div. LEXIS 3512 (N.Y. Ct. App. 1969).

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Opinion

Greenblott, J.

Appeal from an order of the County Court of Rensselaer County, which denied, without a hearing, an application in the nature of a writ of error coram nobis to vacate a judgment convicting defendant of illegal possession of a firearm, as a felony, and illegal possession of burglar’s instruments, as a felony. We need not pass on all the [975]*975grounds that might be urged for affirmance, as People v. Morgan (270 App. Div. 859) is alone dispositive of this appeal. The gravamen of the Federal conviction includes the concealing of the stolen automobile, restricted, however, to interstate transportation. Such concealment of property is clearly a crime in this State (see former Penal Law, § 1308). Order affirmed. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Greenblott, J.

Appeal from an order of the County Court of Rensselaer County, which denied, without a hearing, an application in the nature of a writ of error coram nobis to vacate a judgment convicting defendant of illegal possession of a firearm, as a felony, and illegal possession of burglar’s instruments, as a felony. We need not pass on all the [975]*975grounds that might be urged for affirmance, as People v. Morgan (270 App. Div. 859) is alone dispositive of this appeal. The gravamen of the Federal conviction includes the concealing of the stolen automobile, restricted, however, to interstate transportation. Such concealment of property is clearly a crime in this State (see former Penal Law, § 1308). Order affirmed. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Bluebook (online)

32 A.D.2d 974, 301 N.Y.S.2d 703, 1969 N.Y. App. Div. LEXIS 3512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cunningham-nyappdiv-1969.

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