People v. Nickerson

Appellate Division of the Supreme Court of New York

People v. Nickerson

1 A.D.2d 763, 147 N.Y.S.2d 285, 1955 N.Y. App. Div. LEXIS 3625

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

DecidedDecember 30, 1955

StatusPublished

This text of 1 A.D.2d 763 (People v. Nickerson) 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. Nickerson, 1 A.D.2d 763, 147 N.Y.S.2d 285, 1955 N.Y. App. Div. LEXIS 3625 (N.Y. Ct. App. 1955).

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Opinion

Order affirmed. Memorandum: There is ample evidence to sustain the finding of the County Court that at the times of the defendant’s arraignment, plea, sentence, and resentence he was capable of understanding the charges against him and of making his defense thereto, without considering the testimony of the witness Namishia, which should have been excluded under section 353 of the Civil Practice Act. (People v. Shapiro, 308 N. Y. 453 ; 58 Am. Jur., Witnesses, p. 272.) All concur. (Appeal from order of Onondaga County Court denying defendant’s application for a writ of error coram nobis.) Present—McCurn, P. J., Kimball, Wheeler, Van Duser and Williams, JJ.

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Order affirmed. Memorandum: There is ample evidence to sustain the finding of the County Court that at the times of the defendant’s arraignment, plea, sentence, and resentence he was capable of understanding the charges against him and of making his defense thereto, without considering the testimony of the witness Namishia, which should have been excluded under section 353 of the Civil Practice Act. (People v. Shapiro, 308 N. Y. 453 ; 58 Am. Jur., Witnesses, p. 272.) All concur. (Appeal from order of Onondaga County Court denying defendant’s application for a writ of error coram nobis.) Present—McCurn, P. J., Kimball, Wheeler, Van Duser and Williams, JJ.

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Bluebook (online)

1 A.D.2d 763, 147 N.Y.S.2d 285, 1955 N.Y. App. Div. LEXIS 3625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nickerson-nyappdiv-1955.

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