People v. Leventis

Appellate Division of the Supreme Court of New York

People v. Leventis

29 A.D.2d 924, 289 N.Y.S.2d 10, 1968 N.Y. App. Div. LEXIS 4310

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

DecidedApril 4, 1968

StatusPublished

This text of 29 A.D.2d 924 (People v. Leventis) 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. Leventis, 29 A.D.2d 924, 289 N.Y.S.2d 10, 1968 N.Y. App. Div. LEXIS 4310 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order, entered April 18, 1966, denying without a hearing defendant’s motion in the nature of a writ of error comm nobis, unanimously affirmed. While not unmindful of People v. Moore (21 A D 2d 860) the record herein indicates that the mental state of the [925]*925defendant was manifestly known to the court at the time of trial, plea and sentence, and that in the informed judgment of the court the defendant at those times was competent. Therefore, on the basis of the present record, coram nobis does not lie. (See, People v. Brown, 13 1ST Y 2d 201.) Concur — Botein, P. J., Stevens, Eager, McGivern and Rabin, JJ.

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Order, entered April 18, 1966, denying without a hearing defendant’s motion in the nature of a writ of error comm nobis, unanimously affirmed. While not unmindful of People v. Moore (21 A D 2d 860) the record herein indicates that the mental state of the [925]*925defendant was manifestly known to the court at the time of trial, plea and sentence, and that in the informed judgment of the court the defendant at those times was competent. Therefore, on the basis of the present record, coram nobis does not lie. (See, People v. Brown, 13 1ST Y 2d 201.) Concur — Botein, P. J., Stevens, Eager, McGivern and Rabin, JJ.

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Bluebook (online)

29 A.D.2d 924, 289 N.Y.S.2d 10, 1968 N.Y. App. Div. LEXIS 4310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leventis-nyappdiv-1968.