People v. Derrick

New York Court of Appeals

People v. Derrick

205 N.E.2d 860, 15 N.Y.2d 816, 257 N.Y.S.2d 936, 1965 N.Y. LEXIS 1590

CourtNew York Court of Appeals

DecidedFebruary 11, 1965

StatusPublished

Cited by1 cases

This text of 205 N.E.2d 860 (People v. Derrick) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Derrick, 205 N.E.2d 860, 15 N.Y.2d 816, 257 N.Y.S.2d 936, 1965 N.Y. LEXIS 1590 (N.Y. 1965).

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Opinions

Order of Appellate Division reversed and that of the County Court, Broome County, reinstated. No issues of fact are presented warranting a hearing, since petitioner’s allegations of fact, even if proven, would not be grounds for coram nobis relief (People v. Vellucci, 13 N Y 2d 665; People v. Scott, 10 N Y 2d 380; People v. White, 309 N. Y. 636, cert. den. 352 U. S. 849).

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond dissents in the following opinion.

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Order of Appellate Division reversed and that of the County Court, Broome County, reinstated. No issues of fact are presented warranting a hearing, since petitioner’s allegations of fact, even if proven, would not be grounds for coram nobis relief (People v. Vellucci, 13 N Y 2d 665; People v. Scott, 10 N Y 2d 380; People v. White, 309 N. Y. 636, cert. den. 352 U. S. 849).

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond dissents in the following opinion.

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Bluebook (online)

205 N.E.2d 860, 15 N.Y.2d 816, 257 N.Y.S.2d 936, 1965 N.Y. LEXIS 1590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-derrick-ny-1965.

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