People v. Lowry

Appellate Division of the Supreme Court of New York

People v. Lowry

31 A.D.2d 935, 298 N.Y.S.2d 756, 1969 N.Y. App. Div. LEXIS 4505

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

DecidedMarch 3, 1969

StatusPublished

This text of 31 A.D.2d 935 (People v. Lowry) 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. Lowry, 31 A.D.2d 935, 298 N.Y.S.2d 756, 1969 N.Y. App. Div. LEXIS 4505 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendant from an order of the Supreme Court, Bangs County, -dated May 9, 1967, which denied, without a hearing, two applications in the nature -of coram nobis to vacate a judgment of the former County Court, Kings County, rendered February 27, 1957, which convicted him of attempted robbery in the first degree, upon a jury verdict, -and imposed sentence. Order affirmed. Although it appears that the Criminal Term .did not consider the allegations óf defendant’s petition dated March 2, 1967, these allegations, even if true, would not entitle him to relief. The alleged defect is one that defendant asserts appears on the face -of the record. Goram nobis is therefore not the appropriate remedy (People v. Howard, 12 N Y 2d 65; People v. Sadness, 300 N. Y. 69; People V. Justirmano, 29 A D 2d 569). Beldock, P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Bangs County, -dated May 9, 1967, which denied, without a hearing, two applications in the nature -of coram nobis to vacate a judgment of the former County Court, Kings County, rendered February 27, 1957, which convicted him of attempted robbery in the first degree, upon a jury verdict, -and imposed sentence. Order affirmed. Although it appears that the Criminal Term .did not consider the allegations óf defendant’s petition dated March 2, 1967, these allegations, even if true, would not entitle him to relief. The alleged defect is one that defendant asserts appears on the face -of the record. Goram nobis is therefore not the appropriate remedy (People v. Howard, 12 N Y 2d 65; People v. Sadness, 300 N. Y. 69; People V. Justirmano, 29 A D 2d 569). Beldock, P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

31 A.D.2d 935, 298 N.Y.S.2d 756, 1969 N.Y. App. Div. LEXIS 4505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lowry-nyappdiv-1969.

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