People v. Piniero

Appellate Division of the Supreme Court of New York

People v. Piniero

37 A.D.2d 574, 322 N.Y.S.2d 340, 1971 N.Y. App. Div. LEXIS 3941

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

DecidedJune 1, 1971

StatusPublished

This text of 37 A.D.2d 574 (People v. Piniero) 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. Piniero, 37 A.D.2d 574, 322 N.Y.S.2d 340, 1971 N.Y. App. Div. LEXIS 3941 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated October 30, 1967, which denied the application without a hearing. Order reversed, on the law, and proceeding remitted to the Criminal Term for a hearing (People v. Harvin, 26 N Y 2d 656; People v. Bagley, 23 N Y 2d 814; People v. Granello, 18 N Y 2d 823, 824). Appellant’s claim that the evidence before the Grand Jury was insufficient, not having been made prior to judgment, is untimely (People v. Martin, 32 A D 2d 927, 928; People ex rel. Williams v. La Vallee, 30 A D 2d 1034; People ex rel. Wysokowski v. Conboy, 19 A D 2d 663, 664; People v. Parker, 8 A D 2d 863). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated October 30, 1967, which denied the application without a hearing. Order reversed, on the law, and proceeding remitted to the Criminal Term for a hearing (People v. Harvin, 26 N Y 2d 656; People v. Bagley, 23 N Y 2d 814; People v. Granello, 18 N Y 2d 823, 824). Appellant’s claim that the evidence before the Grand Jury was insufficient, not having been made prior to judgment, is untimely (People v. Martin, 32 A D 2d 927, 928; People ex rel. Williams v. La Vallee, 30 A D 2d 1034; People ex rel. Wysokowski v. Conboy, 19 A D 2d 663, 664; People v. Parker, 8 A D 2d 863). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 574, 322 N.Y.S.2d 340, 1971 N.Y. App. Div. LEXIS 3941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-piniero-nyappdiv-1971.