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*682 Order affirmed. In our opinion the trial court was correct in denying the writ of error coram, nobis until petitioner’s sanity is restored (see People v. Cossentino, 14 N Y 2d 750).Concur: Chief Judge Desmond and Judges Van Voobhis, Bubke, Soileppi, Bebgan and Keating. Judge Fuld dissents in the following memorandum: I do not believe that a defendant’s mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U. S. 107.) I would reverse and remand for a hearing on the merits.
Document Info
Citation Numbers: 17 N.Y.2d 681
Filed Date: 3/31/1966
Precedential Status: Precedential
Modified Date: 1/12/2023