People v. Eastman

Appellate Division of the Supreme Court of New York

People v. Eastman

18 A.D.2d 1102, 239 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3898

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

DecidedApril 22, 1963

StatusPublished

Cited by2 cases

This text of 18 A.D.2d 1102 (People v. Eastman) 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. Eastman, 18 A.D.2d 1102, 239 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3898 (N.Y. Ct. App. 1963).

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Opinion

In a coram nobis proceeding, defendant appeals from an order of the former County Court, Kings County, dated May 17, 1962, which denied, without a hearing) his application to vacate a judgment of said court, rendered March 14, 1956 after a jury trial, convicting him of possession of narcotics with intent to sell, and imposing sentence. Order affirmed. The application seeks to vacate the judgment upon the ground that it is based upon the receipt of evidence obtained in violation of the Federal and State Constitutions. The judgment predates the rule of Mapp v. Ohio (367 U. S. 643). Hence, that rule may not be invoked by writ of error coram nobis to vacate such judgment (see People v. Hyde, 16 A D 2d 942; People v. Zito, 18 A D 2d 668; People v. Muller, 11 N Y 2d 154). Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the former County Court, Kings County, dated May 17, 1962, which denied, without a hearing) his application to vacate a judgment of said court, rendered March 14, 1956 after a jury trial, convicting him of possession of narcotics with intent to sell, and imposing sentence. Order affirmed. The application seeks to vacate the judgment upon the ground that it is based upon the receipt of evidence obtained in violation of the Federal and State Constitutions. The judgment predates the rule of Mapp v. Ohio (367 U. S. 643). Hence, that rule may not be invoked by writ of error coram nobis to vacate such judgment (see People v. Hyde, 16 A D 2d 942; People v. Zito, 18 A D 2d 668; People v. Muller, 11 N Y 2d 154). Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 1102, 239 N.Y.S.2d 972, 1963 N.Y. App. Div. LEXIS 3898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-eastman-nyappdiv-1963.

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