People v. Holland

Appellate Division of the Supreme Court of New York

People v. Holland

10 A.D.2d 884, 200 N.Y.S.2d 906, 1960 N.Y. App. Div. LEXIS 10512

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

DecidedApril 25, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 884 (People v. Holland) 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. Holland, 10 A.D.2d 884, 200 N.Y.S.2d 906, 1960 N.Y. App. Div. LEXIS 10512 (N.Y. Ct. App. 1960).

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Opinion

Appeal by defendant: (1) from an order of the County Court, Nassau County, entered March 28, 1958, which denied, without a hearing, his coram nobis motion to vacate a judgment of conviction entered May 22, 1953, on a guilty plea; and (2) from an order of the same court, [885]*885rendered March 12, 1958, which also denied his coram nobis application. Order of March 28, 1958 reversed, and motion remitted to the County Court, Nassau County, to hold a hearing and then to take such further action as may be proper and necessary. In our opinion, on the record here presented, appellant is entitled to a hearing on the allegations made by him (People v. Guariglia, 303 N. Y. 338, 343; People v. Jordan, 283 App. Div. 759; see, also, People v. Pagano, 283 App. Div. 1075, 1076; cf. People v. White, 309 N. Y. 636; People v. King, 284 App. Div. 1015). Appeal from order of March 12, 1958 dismissed. No such order is contained in the record. Nor is any reference to such appeal made in the briefs. Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Appeal by defendant: (1) from an order of the County Court, Nassau County, entered March 28, 1958, which denied, without a hearing, his coram nobis motion to vacate a judgment of conviction entered May 22, 1953, on a guilty plea; and (2) from an order of the same court, [885]*885rendered March 12, 1958, which also denied his coram nobis application. Order of March 28, 1958 reversed, and motion remitted to the County Court, Nassau County, to hold a hearing and then to take such further action as may be proper and necessary. In our opinion, on the record here presented, appellant is entitled to a hearing on the allegations made by him (People v. Guariglia, 303 N. Y. 338, 343; People v. Jordan, 283 App. Div. 759; see, also, People v. Pagano, 283 App. Div. 1075, 1076; cf. People v. White, 309 N. Y. 636; People v. King, 284 App. Div. 1015). Appeal from order of March 12, 1958 dismissed. No such order is contained in the record. Nor is any reference to such appeal made in the briefs. Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 884, 200 N.Y.S.2d 906, 1960 N.Y. App. Div. LEXIS 10512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holland-nyappdiv-1960.

Opinion

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