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PEOPLE STATE NEW YORK v. JEROME LOWRY (03/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


March 3, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JEROME LOWRY, APPELLANT

Appeal by defendant from an order of the Supreme Court, Kings County, dated May 9, 1967, which denied, without a hearing, two applications in the nature of coram nobisto vacate a judgment of the former County Court, Kings County, rendered February 27, 1957, which convicted him of attempted robbery in the first degree, upon a jury verdict, and imposed sentence.

Beldock, P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

Although it appears that the Criminal Term did not consider the allegations of defendant's petition dated March 2, 1967, these allegations, even if true, would not entitle him to relief. The alleged defect is one that defendant asserts appears on the face of the record. Coram nobis is therefore not the appropriate remedy (People v. Howard, 12 N.Y.2d 65; People v. Sadness, 300 N. Y. 69; People v. Justimiano, 29 A.D.2d 569).

Disposition

Order affirmed.

19690303

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