Home/New York Court of Appeals/People v. Morales

People v. Morales

448 N.E.2d 796, 58 N.Y.2d 1008, 461 N.Y.S.2d 1011, 1983 N.Y. LEXIS 2950
CourtNew York Court of Appeals
DecidedMarch 22, 1983
StatusPublished
Cited by18 cases

This text of 448 N.E.2d 796 (People v. Morales) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Morales, 448 N.E.2d 796, 58 N.Y.2d 1008, 461 N.Y.S.2d 1011, 1983 N.Y. LEXIS 2950 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

[1009]*1009Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his failure to do so, it cannot be said that as to defendant’s failure to appeal the coram nobis Judge erred in denying the application without a hearing (People v Scott, 10 NY2d 380). The other bases advanced for vacating the judgment clearly could have been raised on appeal, had one been taken (see CPL 440.10, subd 2, par M).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed in a memorandum.

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Bluebook (online)
448 N.E.2d 796, 58 N.Y.2d 1008, 461 N.Y.S.2d 1011, 1983 N.Y. LEXIS 2950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morales-ny-1983.