People v. Perry

Appellate Division of the Supreme Court of New York

People v. Perry

26 A.D.2d 587, 272 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3901

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

DecidedJune 27, 1966

StatusPublished

This text of 26 A.D.2d 587 (People v. Perry) 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. Perry, 26 A.D.2d 587, 272 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3901 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered July 1, 1964, which, without a hearing, denied his application to vacate a judgment of said court rendered December 17, 1963, convicting him of assault in the second degree and possession of a dangerous weapon (as a felony), upon a jury verdict, and imposing sentence upon him as a second felony offender. Upon this appeal, defendant has brought up for review a subsequent order of said court, entered August 4, 1964 upon reargument, which adhered to the original decision (see Code Crim. Proc., § 524-b). Appeals dismissed. It appears that the judgment was reversed by this court on July 12, 1965 and a new trial was granted (People v. Perry, 24 A D 2d 611) and that on September 20, 3965 defendant pleaded guilty to the crime of assault in the third degree and was sentenced to the time [588]*588already served. Accordingly, the appeals have become moot. Beldock, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered July 1, 1964, which, without a hearing, denied his application to vacate a judgment of said court rendered December 17, 1963, convicting him of assault in the second degree and possession of a dangerous weapon (as a felony), upon a jury verdict, and imposing sentence upon him as a second felony offender. Upon this appeal, defendant has brought up for review a subsequent order of said court, entered August 4, 1964 upon reargument, which adhered to the original decision (see Code Crim. Proc., § 524-b). Appeals dismissed. It appears that the judgment was reversed by this court on July 12, 1965 and a new trial was granted (People v. Perry, 24 A D 2d 611) and that on September 20, 3965 defendant pleaded guilty to the crime of assault in the third degree and was sentenced to the time [588]*588already served. Accordingly, the appeals have become moot. Beldock, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 587, 272 N.Y.S.2d 961, 1966 N.Y. App. Div. LEXIS 3901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perry-nyappdiv-1966.