People v. Kimmel

Appellate Division of the Supreme Court of New York

People v. Kimmel

13 A.D.2d 549, 213 N.Y.S.2d 496, 1961 N.Y. App. Div. LEXIS 11883

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

DecidedMarch 27, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 549 (People v. Kimmel) 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. Kimmel, 13 A.D.2d 549, 213 N.Y.S.2d 496, 1961 N.Y. App. Div. LEXIS 11883 (N.Y. Ct. App. 1961).

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Opinion

Appeal by defendant from an order of the County Court, Kings County, dated September 18, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered May 11, 1936, convicting him, after a jury trial, of murder in the first degree and sentencing him to death. The judgment of conviction was affirmed by the Court of Appeals (People v. Scata, 272 N. Y. 602). Thereafter, the Governor commuted defendant’s sentence to life imprisonment. The only ground for relief urged in this court is that the trial court gave supplemental instructions to the jury on three occasions while defendant was absent from the courtroom, in violation of the rule set forth in Maurer v. People (43 N. Y. 1). Order affirmed. Assuming that defendant established his absence from the courtroom, as alleged, and that the doctrine of Maurer v. People (supra) is applicable, we are of the opinion that the error may not be asserted as a basis for relief by way of a coram nobis application. (People v. Shapiro, 3 N Y 2d 203.) Nolan, P. J., Beldoek, Ughetta, Christ and Pette, JJ., concur.

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Appeal by defendant from an order of the County Court, Kings County, dated September 18, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered May 11, 1936, convicting him, after a jury trial, of murder in the first degree and sentencing him to death. The judgment of conviction was affirmed by the Court of Appeals (People v. Scata, 272 N. Y. 602). Thereafter, the Governor commuted defendant’s sentence to life imprisonment. The only ground for relief urged in this court is that the trial court gave supplemental instructions to the jury on three occasions while defendant was absent from the courtroom, in violation of the rule set forth in Maurer v. People (43 N. Y. 1). Order affirmed. Assuming that defendant established his absence from the courtroom, as alleged, and that the doctrine of Maurer v. People (supra) is applicable, we are of the opinion that the error may not be asserted as a basis for relief by way of a coram nobis application. (People v. Shapiro, 3 N Y 2d 203.) Nolan, P. J., Beldoek, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 549, 213 N.Y.S.2d 496, 1961 N.Y. App. Div. LEXIS 11883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kimmel-nyappdiv-1961.

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