People v. Roman

Appellate Division of the Supreme Court of New York

People v. Roman

38 A.D.2d 734, 329 N.Y.S.2d 783, 1972 N.Y. App. Div. LEXIS 5605

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

DecidedJanuary 17, 1972

StatusPublished

This text of 38 A.D.2d 734 (People v. Roman) 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. Roman, 38 A.D.2d 734, 329 N.Y.S.2d 783, 1972 N.Y. App. Div. LEXIS 5605 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Suffolk County, entered February 24,1971, which denied the application without a hearing. Order affirmed. No opinion. Munder, Latham and Gulotta, JJ., concur; Rabin, P. J., and Hopkins, J., dissent and vote to reverse the order and to grant the application to the extent of directing that a hearing be held on defendant’s allegations, with the following memorandum : Defendant’s allegations entitle him to a hearing. The record does not conclusively refute his contentions; nor are his allegations incredible as a matter of law (People v. Bagley, 23 N Y 2d 814).

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Suffolk County, entered February 24,1971, which denied the application without a hearing. Order affirmed. No opinion. Munder, Latham and Gulotta, JJ., concur; Rabin, P. J., and Hopkins, J., dissent and vote to reverse the order and to grant the application to the extent of directing that a hearing be held on defendant’s allegations, with the following memorandum : Defendant’s allegations entitle him to a hearing. The record does not conclusively refute his contentions; nor are his allegations incredible as a matter of law (People v. Bagley, 23 N Y 2d 814).

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Bluebook (online)

38 A.D.2d 734, 329 N.Y.S.2d 783, 1972 N.Y. App. Div. LEXIS 5605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roman-nyappdiv-1972.