People v. Derrick

Appellate Division of the Supreme Court of New York

People v. Derrick

21 A.D.2d 938, 251 N.Y.S.2d 310, 1964 N.Y. App. Div. LEXIS 3303

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

DecidedJuly 7, 1964

StatusPublished

Cited by1 cases

This text of 21 A.D.2d 938 (People v. Derrick) 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. Derrick, 21 A.D.2d 938, 251 N.Y.S.2d 310, 1964 N.Y. App. Div. LEXIS 3303 (N.Y. Ct. App. 1964).

Pincite

Opinion

Memorandum by the Court. Appeal from an order of the County Court, Broome County, denying relator’s petition for a writ of coram nobis without a hearing. By an order of the Broome County Court dated October 28, 1955 a previous motion by relator, seeking the same relief and made on virtually the same grounds, was denied. There was, however, no hearing conducted at that time, and while we find little merit in relator’s contentions, he is properly entitled to a hearing (People v. Picciotti, 4 N Y 2d 340, 344-345; People v. Richetti, 302 N. Y. 290, 296; cf. People v. Mazzella, 13 N Y 2d 997; People v. Sullivan, 4 N Y 2d 472). Order reversed, on the law and the facts, and matter remitted for further proceedings not inconsistent herewith. Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, JJ., concur.

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

Memorandum by the Court. Appeal from an order of the County Court, Broome County, denying relator’s petition for a writ of coram nobis without a hearing. By an order of the Broome County Court dated October 28, 1955 a previous motion by relator, seeking the same relief and made on virtually the same grounds, was denied. There was, however, no hearing conducted at that time, and while we find little merit in relator’s contentions, he is properly entitled to a hearing (People v. Picciotti, 4 N Y 2d 340, 344-345; People v. Richetti, 302 N. Y. 290, 296; cf. People v. Mazzella, 13 N Y 2d 997; People v. Sullivan, 4 N Y 2d 472). Order reversed, on the law and the facts, and matter remitted for further proceedings not inconsistent herewith. Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

21 A.D.2d 938, 251 N.Y.S.2d 310, 1964 N.Y. App. Div. LEXIS 3303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-derrick-nyappdiv-1964.

Opinion

Related

Cite This Page — Counsel Stack