People v. D'Angelo

Appellate Division of the Supreme Court of New York

People v. D'Angelo

12 A.D.2d 879, 210 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 13514

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

DecidedJanuary 5, 1961

StatusPublished

This text of 12 A.D.2d 879 (People v. D'Angelo) 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. D'Angelo, 12 A.D.2d 879, 210 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 13514 (N.Y. Ct. App. 1961).

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Opinion

Order unanimously modified to provide that the appellant’s motion to withdraw the application for a writ of error coram nobis without prejudice be granted, and as modified affirmed. Memorandum: The appellant’s attorney having been discharged, the County Court in the exercise of a proper discretion should have granted the motion for permission to withdraw the pending application. (Appeal from order of Onondaga Comity Court denying defendant’s motion, after a hearing, to set aside a judgment entered May 1, 1950, convicting him of assault, second degree, robbery, first degree, and kidnapping.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Order unanimously modified to provide that the appellant’s motion to withdraw the application for a writ of error coram nobis without prejudice be granted, and as modified affirmed. Memorandum: The appellant’s attorney having been discharged, the County Court in the exercise of a proper discretion should have granted the motion for permission to withdraw the pending application. (Appeal from order of Onondaga Comity Court denying defendant’s motion, after a hearing, to set aside a judgment entered May 1, 1950, convicting him of assault, second degree, robbery, first degree, and kidnapping.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Bluebook (online)

12 A.D.2d 879, 210 N.Y.S.2d 17, 1961 N.Y. App. Div. LEXIS 13514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dangelo-nyappdiv-1961.