People v. Lesser

Appellate Division of the Supreme Court of New York

People v. Lesser

10 A.D.2d 614, 200 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 11769

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

DecidedFebruary 11, 1960

StatusPublished

This text of 10 A.D.2d 614 (People v. Lesser) 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. Lesser, 10 A.D.2d 614, 200 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 11769 (N.Y. Ct. App. 1960).

Pincite

Opinion

Motion for leave to appeal as a poor person from an order of the Court of General Sessions entered November 24,1959 denying a motion to reargue a coram nobis application. The records of this court demonstrate that essentially the same contentions were raised by defendant and fully considered when the judgment of conviction was unanimously affirmed (8 A D 2d 709). The remedy of coram nobis is unavailable to relitigate issues finally disposed of on a direct appeal from the judgment of conviction. Plainly stated, defendant is not entitled to a second appellate review of the same arguments under the guise of an appeal from the dismissal of a petition for writ of error coram nobis. The motion in all respects is denied. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Motion for leave to appeal as a poor person from an order of the Court of General Sessions entered November 24,1959 denying a motion to reargue a coram nobis application. The records of this court demonstrate that essentially the same contentions were raised by defendant and fully considered when the judgment of conviction was unanimously affirmed (8 A D 2d 709). The remedy of coram nobis is unavailable to relitigate issues finally disposed of on a direct appeal from the judgment of conviction. Plainly stated, defendant is not entitled to a second appellate review of the same arguments under the guise of an appeal from the dismissal of a petition for writ of error coram nobis. The motion in all respects is denied. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

10 A.D.2d 614, 200 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 11769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lesser-nyappdiv-1960.