People v. Malone

Appellate Division of the Supreme Court of New York

People v. Malone

25 A.D.2d 769, 269 N.Y.S.2d 324, 1966 N.Y. App. Div. LEXIS 4522

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

DecidedApril 11, 1966

StatusPublished

This text of 25 A.D.2d 769 (People v. Malone) 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. Malone, 25 A.D.2d 769, 269 N.Y.S.2d 324, 1966 N.Y. App. Div. LEXIS 4522 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered April 14, 1964, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered March 30, 1943, convicting him of rape in the second degree, upon a jury verdict, and imposing sentence. Order reversed, on the law, and matter remitted to the Criminal Term for a hearing on the issues presented. No findings of fact have been considered. Defendant claims that an accomplice, who testified as a witness for the People, falsely denied at the trial that he had entered into a prior arrangement with the District Attorney for leniency for himself and that the prosecutor failed to expose this perjury to the court. Absent any record or circumstances which would render his claim palpably false on its face, defendant is entitled to a hearing on this claim, despite the absence of any corroborating affidavit (cf. People v. Huarneck, 22 A D 2d 651).

Beldoek, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered April 14, 1964, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered March 30, 1943, convicting him of rape in the second degree, upon a jury verdict, and imposing sentence. Order reversed, on the law, and matter remitted to the Criminal Term for a hearing on the issues presented. No findings of fact have been considered. Defendant claims that an accomplice, who testified as a witness for the People, falsely denied at the trial that he had entered into a prior arrangement with the District Attorney for leniency for himself and that the prosecutor failed to expose this perjury to the court. Absent any record or circumstances which would render his claim palpably false on its face, defendant is entitled to a hearing on this claim, despite the absence of any corroborating affidavit (cf. People v. Huarneck, 22 A D 2d 651).

Beldoek, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

25 A.D.2d 769, 269 N.Y.S.2d 324, 1966 N.Y. App. Div. LEXIS 4522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malone-nyappdiv-1966.