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PEOPLE STATE NEW YORK v. LEO A. DI GIANGIEMO (09/29/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


September 29, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LEO A. DI GIANGIEMO, APPELLANT

In a coram nobisproceeding, defendant appeals from an order of the Supreme Court, Queens County, dated October 25, 1967, which denied, without a hearing, his application to vacate a judgment of the former County Court, Queens County, rendered January 8, 1954, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

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

The affidavit mandated by People v. Scott (10 N.Y.2d 380) cannot properly be furnished for the first time on appeal and may not be considered (People v. Warren, 25 A.D.2d 676; People v. Sprow, 26 A.D.2d 822, 823).

Disposition

Order affirmed, with leave to renew upon proper supporting papers.

19690929

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