People v. Franciotti

Appellate Division of the Supreme Court of New York

People v. Franciotti

30 A.D.2d 560, 292 N.Y.S.2d 992, 1968 N.Y. App. Div. LEXIS 3946

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

DecidedMay 20, 1968

StatusPublished

This text of 30 A.D.2d 560 (People v. Franciotti) 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. Franciotti, 30 A.D.2d 560, 292 N.Y.S.2d 992, 1968 N.Y. App. Div. LEXIS 3946 (N.Y. Ct. App. 1968).

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Opinion

In a coram nobis proceeding, order of the Supreme Court, Queens County, dated April 5, 1967, which denied the application, without a hearing, affirmed. No opinion. Beldock, P. J., Christ and Munder, JJ., concur; Rabin and Benjamin, JJ., dissent and'vote to reverse the order and to remit the proceeding to the court below for a hearing, upon the ground that the allegations of defendant’s petition raise issues of fact which entitle him to a hearing on the merits (see People v. Weldon, 17 N Y 2d 814; People v. Picciotti, 4 N Y 2d 340).

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In a coram nobis proceeding, order of the Supreme Court, Queens County, dated April 5, 1967, which denied the application, without a hearing, affirmed. No opinion. Beldock, P. J., Christ and Munder, JJ., concur; Rabin and Benjamin, JJ., dissent and'vote to reverse the order and to remit the proceeding to the court below for a hearing, upon the ground that the allegations of defendant’s petition raise issues of fact which entitle him to a hearing on the merits (see People v. Weldon, 17 N Y 2d 814; People v. Picciotti, 4 N Y 2d 340).

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Bluebook (online)

30 A.D.2d 560, 292 N.Y.S.2d 992, 1968 N.Y. App. Div. LEXIS 3946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-franciotti-nyappdiv-1968.