People v. De Bour

Appellate Division of the Supreme Court of New York

People v. De Bour

23 A.D.2d 853, 259 N.Y.S.2d 170, 1965 N.Y. App. Div. LEXIS 4324

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

DecidedMay 3, 1965

StatusPublished

This text of 23 A.D.2d 853 (People v. De Bour) 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. De Bour, 23 A.D.2d 853, 259 N.Y.S.2d 170, 1965 N.Y. App. Div. LEXIS 4324 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an alleged “ judgment ” of the Supreme Court, Nassau County, allegedly rendered on October 28, 1964, which denied without a hearing his application to vacate a judgment of said court, rendered September 12, 1963 on his plea of guilty, convicting him of robbery in the second degree, and imposing sentence upon him as a second felony offender. The judgment of conviction was previously affirmed by this court (20 A D 2d 968). Appeal dismissed. The decision on the coram nobis application was dated October 28, 1964 and the order thereon was dated and entered November 17, 1964. The notice of appeal was dated and filed prior to the making of the order. There was no judgment or order rendered or made on October 28, 1964. Under the circumstances, the appeal must be dismissed (People v. Willis, 22 A D 2d 693; People v. Adams, 1 A D 2d 783). However, we have examined the record and have considered defendant’s contentions; and, if we did not dismiss the appeal, we would affirm the order in any event. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a coram nobis proceeding, defendant appeals from an alleged “ judgment ” of the Supreme Court, Nassau County, allegedly rendered on October 28, 1964, which denied without a hearing his application to vacate a judgment of said court, rendered September 12, 1963 on his plea of guilty, convicting him of robbery in the second degree, and imposing sentence upon him as a second felony offender. The judgment of conviction was previously affirmed by this court (20 A D 2d 968). Appeal dismissed. The decision on the coram nobis application was dated October 28, 1964 and the order thereon was dated and entered November 17, 1964. The notice of appeal was dated and filed prior to the making of the order. There was no judgment or order rendered or made on October 28, 1964. Under the circumstances, the appeal must be dismissed (People v. Willis, 22 A D 2d 693; People v. Adams, 1 A D 2d 783). However, we have examined the record and have considered defendant’s contentions; and, if we did not dismiss the appeal, we would affirm the order in any event. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 853, 259 N.Y.S.2d 170, 1965 N.Y. App. Div. LEXIS 4324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-bour-nyappdiv-1965.