Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

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

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.