People v. Leathers

Appellate Division of the Supreme Court of New York

People v. Leathers

34 A.D.2d 986, 312 N.Y.S.2d 661, 1970 N.Y. App. Div. LEXIS 4486

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

DecidedJune 15, 1970

StatusPublished

This text of 34 A.D.2d 986 (People v. Leathers) 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. Leathers, 34 A.D.2d 986, 312 N.Y.S.2d 661, 1970 N.Y. App. Div. LEXIS 4486 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated April 27, 1967, which denied the application without a hearing. Order affirmed. We find no merit to the claim that the prosecution could not contest the testimony of defendant’s alibi witness because the witness had been used by the prosecution in convicting defendant of a different unrelated crime. We are also of the opinion that there is no merit to the claim that defendant should have been given additional time to produce other alibi witnesses. That issue was ruled on in the appeal from the judgment and found to be without merit (People v. Leathers, 24 A D 2d 704). Christ, P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated April 27, 1967, which denied the application without a hearing. Order affirmed. We find no merit to the claim that the prosecution could not contest the testimony of defendant’s alibi witness because the witness had been used by the prosecution in convicting defendant of a different unrelated crime. We are also of the opinion that there is no merit to the claim that defendant should have been given additional time to produce other alibi witnesses. That issue was ruled on in the appeal from the judgment and found to be without merit (People v. Leathers, 24 A D 2d 704). Christ, P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.

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Bluebook (online)

34 A.D.2d 986, 312 N.Y.S.2d 661, 1970 N.Y. App. Div. LEXIS 4486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leathers-nyappdiv-1970.