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PEOPLE STATE NEW YORK v. DENNIS EUBANKS (01/13/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 13, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DENNIS EUBANKS, APPELLANT

In a coram nobisproceeding, defendant appeals from an order of the Supreme Court, Kings County, dated February 15, 1967, which, without a hearing, denied his application.

Beldock, P. J., Christ, Brennan, Rabin and Munder, JJ., concur.

Defendant alleges that he was deprived of his right to the allocution provided by section 480 of the Code of Criminal Procedure. It is well settled that the remedy of coram nobis does not lie for an alleged failure to comply with section 480 (People v. Sullivan, 3 N.Y.2d 196; People v. Soviero, 27 A.D.2d 548; People v. Kadin, 23 A.D.2d 699; see People v. Koehler, 30 A.D.2d 547). Our decision in People v. Sagistiano (28 A.D.2d 728) was not intended as a departure from the holding in People v. Sullivan (supra).

Disposition

Appeal dismissed.

19690113

© 1998 VersusLaw Inc.



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