People v. Di Giangiemo

Appellate Division of the Supreme Court of New York

People v. Di Giangiemo

33 A.D.2d 522, 305 N.Y.S.2d 518, 1969 N.Y. App. Div. LEXIS 3210

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

DecidedSeptember 29, 1969

StatusPublished

This text of 33 A.D.2d 522 (People v. Di Giangiemo) 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. Di Giangiemo, 33 A.D.2d 522, 305 N.Y.S.2d 518, 1969 N.Y. App. Div. LEXIS 3210 (N.Y. Ct. App. 1969).

Pincite

Opinion

— 'In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated October 25, 1967, which denied, without a hearing, his application to vacate a judgment of the former County Court, Queens County, rendered January 8, 1954, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. Order affirmed, with leave to renew upon proper supporting papers. The affidavit mandated by People v. Scott (10 N Y 2d 380) cannot properly be furnished for the first time on appeal and may not be considered (People v. Warren, 25 A D 2d 676; People v. Sprow, 26 A D 2d 822, 823). Beldock, P.'J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

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— 'In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated October 25, 1967, which denied, without a hearing, his application to vacate a judgment of the former County Court, Queens County, rendered January 8, 1954, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. Order affirmed, with leave to renew upon proper supporting papers. The affidavit mandated by People v. Scott (10 N Y 2d 380) cannot properly be furnished for the first time on appeal and may not be considered (People v. Warren, 25 A D 2d 676; People v. Sprow, 26 A D 2d 822, 823). Beldock, P.'J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 522, 305 N.Y.S.2d 518, 1969 N.Y. App. Div. LEXIS 3210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-di-giangiemo-nyappdiv-1969.