People v. Gary

Appellate Division of the Supreme Court of New York

People v. Gary

24 A.D.2d 576, 262 N.Y.S.2d 433, 1965 N.Y. App. Div. LEXIS 3709

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

DecidedJuly 6, 1965

StatusPublished

This text of 24 A.D.2d 576 (People v. Gary) 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. Gary, 24 A.D.2d 576, 262 N.Y.S.2d 433, 1965 N.Y. App. Div. LEXIS 3709 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals: (1) from an order of the Supreme Court, Kings County, entered November 4, 1964, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered November 24, 1959 on his plea of guilty, convicting him of robbery in the first degree (unarmed), and imposing sentence; and (2) from an order of said court, entered January 4, 1965 upon reargument, which adhered to the original decision. Appeal from the order entered November 4, 1964 dismissed. That order was superseded by the subsequent order (Code Crim. Pro., § 524-b; People v. Calero, 23 A D 2d 698; People v. Smith, 12 A D 2d 667). Order entered January 4, 1965 affirmed. The appeal has no merit (cf. People v. Gary, 19 A D 2d 863; People ex rel. Pannone v. Fay, 16 A D 2d 946; People ex rel. Spinney v. Fay, 18 A D 2d 722). Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals: (1) from an order of the Supreme Court, Kings County, entered November 4, 1964, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered November 24, 1959 on his plea of guilty, convicting him of robbery in the first degree (unarmed), and imposing sentence; and (2) from an order of said court, entered January 4, 1965 upon reargument, which adhered to the original decision. Appeal from the order entered November 4, 1964 dismissed. That order was superseded by the subsequent order (Code Crim. Pro., § 524-b; People v. Calero, 23 A D 2d 698; People v. Smith, 12 A D 2d 667). Order entered January 4, 1965 affirmed. The appeal has no merit (cf. People v. Gary, 19 A D 2d 863; People ex rel. Pannone v. Fay, 16 A D 2d 946; People ex rel. Spinney v. Fay, 18 A D 2d 722). Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 576, 262 N.Y.S.2d 433, 1965 N.Y. App. Div. LEXIS 3709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gary-nyappdiv-1965.