People v. Griffin

Appellate Division of the Supreme Court of New York

People v. Griffin

13 A.D.2d 793, 215 N.Y.S.2d 288, 1961 N.Y. App. Div. LEXIS 11098

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

DecidedMay 8, 1961

StatusPublished

This text of 13 A.D.2d 793 (People v. Griffin) 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. Griffin, 13 A.D.2d 793, 215 N.Y.S.2d 288, 1961 N.Y. App. Div. LEXIS 11098 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal by defendant from an order of the County Court, Kings County, dated May 19, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered April 11, 1933, convicting him, after trial, of manslaughter in the first degree, and sentencing him to serve a term of 10 to 20 years, with an additional term of 5 to 10 years for being armed. The judgment was entered after trial, and no appeal was taken therefrom. Defendant contends that medical testimony before the Grand Jury, to the effect that a stab wound was the cause of death, was false or perjurious. Defendant now alleges that the wound was merely superficial. He further states that such facts came to his notice only recently. It appears that prior to the judgment defendant made no motion addressed to the alleged insufficiency of the evidence before the Grand Jury. Order affirmed. In ora opinion, inasmuch as the action was tried, defendant’s rights were not prejudiced by the preliminary testimony now complained of (see People v. Willett, 213 N. Y. 368, 375). Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Appeal by defendant from an order of the County Court, Kings County, dated May 19, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered April 11, 1933, convicting him, after trial, of manslaughter in the first degree, and sentencing him to serve a term of 10 to 20 years, with an additional term of 5 to 10 years for being armed. The judgment was entered after trial, and no appeal was taken therefrom. Defendant contends that medical testimony before the Grand Jury, to the effect that a stab wound was the cause of death, was false or perjurious. Defendant now alleges that the wound was merely superficial. He further states that such facts came to his notice only recently. It appears that prior to the judgment defendant made no motion addressed to the alleged insufficiency of the evidence before the Grand Jury. Order affirmed. In ora opinion, inasmuch as the action was tried, defendant’s rights were not prejudiced by the preliminary testimony now complained of (see People v. Willett, 213 N. Y. 368, 375). Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 793, 215 N.Y.S.2d 288, 1961 N.Y. App. Div. LEXIS 11098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-griffin-nyappdiv-1961.

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