People v. Osuch

Appellate Division of the Supreme Court of New York

People v. Osuch

10 A.D.2d 652, 196 N.Y.S.2d 927, 1960 N.Y. App. Div. LEXIS 11688

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

DecidedFebruary 17, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 652 (People v. Osuch) 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. Osuch, 10 A.D.2d 652, 196 N.Y.S.2d 927, 1960 N.Y. App. Div. LEXIS 11688 (N.Y. Ct. App. 1960).

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Opinion

Appeal by defendant from an order of the Columbia County Court denying an application for a writ of error coram nobis as to three separate judgments of conviction. The County Court correctly held that coram nobis may not be had there as to the first and second convictions, since they were had in the Supreme Court. We find that coram nobis does not lie as to the third conviction. The defendant’s application as to that is based on the contention that upon the third conviction no multiple offender information was filed against him. If there was such an error, it appears upon the face of the record and consequently coram nobis does not lie (People v. Sullivan, 3 N Y 2d 196). Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Appeal by defendant from an order of the Columbia County Court denying an application for a writ of error coram nobis as to three separate judgments of conviction. The County Court correctly held that coram nobis may not be had there as to the first and second convictions, since they were had in the Supreme Court. We find that coram nobis does not lie as to the third conviction. The defendant’s application as to that is based on the contention that upon the third conviction no multiple offender information was filed against him. If there was such an error, it appears upon the face of the record and consequently coram nobis does not lie (People v. Sullivan, 3 N Y 2d 196). Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

10 A.D.2d 652, 196 N.Y.S.2d 927, 1960 N.Y. App. Div. LEXIS 11688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-osuch-nyappdiv-1960.

Opinion

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