People v. Mogielnicki
This text of 34 A.D.2d 582 (People v. Mogielnicki) 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.
Opinion
In a coram nobis proceeding, defendant appeals from two orders of the Supreme Court, Kings County, dated April 29, 1969 and June 19, 1969, respectively, the former denying the application without a hearing and the latter granting reargument but adhering to the original decision. Appeal from the order dated April 29, 1969, dismissed as academic; that order was superseded by the order of June 19, 1969. Appeal from so much of the order of June 19, 1969 as granted reargument dismissed; appellant is not aggrieved by that part of the order. Order of June 19, 1969 otherwise affirmed. In our opinion the documentary evidence in the record and defendant’s plea of guilty demonstrate that no factual issue was presented as to the death of the victim of the crime. Christ, Acting P. J., Rabin, Hopkins and Munder, JJ-., concur; (Beldock, P. J., deceased).
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Cite This Page — Counsel Stack
34 A.D.2d 582, 309 N.Y.S.2d 1018, 1970 N.Y. App. Div. LEXIS 5252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mogielnicki-nyappdiv-1970.