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People v. Savage

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1952
279 App. Div. 1041 (N.Y. App. Div. 1952)

Opinion

April 30, 1952.

Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.


Order affirmed, without costs of this appeal to either party. Memorandum: We feel the official records of the clerk of the court at the time of the arraignment suffice to refute petitioner's claim that he was not advised of his right to counsel. The facts disclosed by this record distinguish the case from Matter of Bojinoff v. People ( 299 N.Y. 145); People v. Richetti ( 302 N.Y. 290); People v. Guariglia ( 303 N.Y. 338) ; and People v. Langan ( 303 N.Y. 474). It follows, therefore, that, under the circumstances herein, the petitioner is not entitled to be present at a hearing in open court upon the merits of his application for a writ of error coram nobis. All concur, except McCurn and Piper, JJ., who dissent and vote for reversal and for remitting the matter to the Jefferson County Court for a hearing. (See People v. Richetti, 302 N.Y. 290; People v. Guariglia, 303 N.Y. 338 and People v. Langan, 303 N.Y. 474.) (Appeal from an order denying defendant's application to declare void his judgment of conviction, in a proceeding in the nature of coram nobis.)


Summaries of

People v. Savage

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1952
279 App. Div. 1041 (N.Y. App. Div. 1952)
Case details for

People v. Savage

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD SAVAGE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 30, 1952

Citations

279 App. Div. 1041 (N.Y. App. Div. 1952)

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