People v. Roden , 21 N.Y.2d 810 ( 1968 )


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  • Order affirmed in the following memorandum: We agree with the trial court that coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed (27 A D 2d 729, revd. on other grounds 20 N Y 2d 958).

    Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

Document Info

Citation Numbers: 21 N.Y.2d 810, 235 N.E.2d 776, 288 N.Y.S.2d 638, 1968 N.Y. LEXIS 1613

Filed Date: 2/15/1968

Precedential Status: Precedential

Modified Date: 10/19/2024