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PEOPLE STATE NEW YORK v. AUGUST FRANK MAZZELLA (06/10/68)

June 10, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
AUGUST FRANK MAZZELLA, APPELLANT



Order of the County Court, Orange County, dated October 10, 1967, which denied defendant's coram nobismotion without a hearing, affirmed. On the day when the hearing on defendant's first coram nobismotion was to be held, defendant's counsel, in open court and in the presence of defendant, withdrew the allegations as to the prosecutor's willful use of perjured testimony, stating that he had no faith in the allegations. The second coram nobisapplication (now under review) was made on the same grounds as the first.

Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

In our opinion, the County Court did not err in denying the second motion without a hearing (cf. People v. Sulivan, 4 N.Y.2d 472; People v. Mazzella, 13 N.Y.2d 997; People ex rel. Maher v. Fay, 27 A.D.2d 853).

19680610

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