People v. Derrick

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

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.