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PEOPLE STATE NEW YORK v. DONALD CUNNINGHAM (07/01/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT 1969.NY.42309 <http://www.versuslaw.com>; 301 N.Y.S.2d 703; 32 A.D.2d 974 July 1, 1969 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.DONALD CUNNINGHAM, APPELLANT Appeal from an order of the County Court of Rensselaer County, which denied, without a hearing, an application in the nature of a writ of error coram nobisto vacate a judgment convicting defendant of illegal possession of a firearm, as a felony, and illegal possession of burglar's instruments, as a felony. We need not pass on all the grounds that might be urged for affirmance, as People v. Morgan(270 App. Div. 859) is alone dispositive of this appeal. Greenblott, J. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J. Author: Greenblott


Appeal from an order of the County Court of Rensselaer County, which denied, without a hearing, an application in the nature of a writ of error coram nobisto vacate a judgment convicting defendant of illegal possession of a firearm, as a felony, and illegal possession of burglar's instruments, as a felony. We need not pass on all the grounds that might be urged for affirmance, as People v. Morgan(270 App. Div. 859) is alone dispositive of this appeal.

Greenblott, J. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J.

Author: Greenblott

The gravamen of the Federal conviction includes the concealing of the stolen automobile, restricted, however, to interstate transportation. Such concealment of property is clearly a crime in this State (see former Penal Law, § 1308).

 Disposition

Order affirmed.

19690701

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