People v. Solla

Appellate Division of the Supreme Court of New York

People v. Solla

31 A.D.2d 606, 295 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 2780

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

DecidedDecember 5, 1968

StatusPublished

This text of 31 A.D.2d 606 (People v. Solla) 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. Solla, 31 A.D.2d 606, 295 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 2780 (N.Y. Ct. App. 1968).

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Opinion

Order entered in Supreme Court, Bronx County, on June 19, 1968, denying a motion for resentenee, which motion is deemed to be one for coram nobis relief (see People v. Machado, 17 N Y 2d 440), unanimously modified, on the law, to the extent of denying defendant’s application without prejudice to a renewal thereof if and when defendant is certified as sane. After the sentence, and in March, 1953, defendant was certified insane and was transferred to Dannemora State Hospital where he has been continuously confined to date. The merits of the application have therefore not, been considered, and any question as to the validity of defendant’s contentions must await determination until such time as his sanity is restored. (People v. Booth, 17 N Y 2d 681.) Concur — Steuer, J. P., Capozzoli, McGivera and McNally, JJ.

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Order entered in Supreme Court, Bronx County, on June 19, 1968, denying a motion for resentenee, which motion is deemed to be one for coram nobis relief (see People v. Machado, 17 N Y 2d 440), unanimously modified, on the law, to the extent of denying defendant’s application without prejudice to a renewal thereof if and when defendant is certified as sane. After the sentence, and in March, 1953, defendant was certified insane and was transferred to Dannemora State Hospital where he has been continuously confined to date. The merits of the application have therefore not, been considered, and any question as to the validity of defendant’s contentions must await determination until such time as his sanity is restored. (People v. Booth, 17 N Y 2d 681.) Concur — Steuer, J. P., Capozzoli, McGivera and McNally, JJ.

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Bluebook (online)

31 A.D.2d 606, 295 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 2780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-solla-nyappdiv-1968.