People v. Logan

• Decision Date: 09 July 1965
• Parties: , 209 N.E.2d 729 The PEOPLE, etc., Respondent, v. Wellington LOGAN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 114

262 N.Y.S.2d 114

16 N.Y.2d 741, 209 N.E.2d 729

The PEOPLE, etc., Respondent, v. Wellington LOGAN, Appellant.

Court of Appeals of New York.

July 9, 1965.

Appeal from Supreme Court, Appellate Division, First Department, 22 A.D.2d 1018, 254 N.Y.S.2d 813.

Defendant, who had pleaded guilty to third-degree robbery, and who had been sentenced as a second felony offender, made a coram nobis motion to vacate the judgment of conviction.

The Bronx County Court, Hyman Korn, J., entered an order denying the motion without a hearing, and the defendant appealed.

The Appellate Division entered an order unanimously affirming the order of the County Court without opinion.

The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that, as a matter of law, the county Court committed reversible error when it denied without a hearing the motion of the defendant for writ of error coram nobis.

Kalman Finkel and Anthony F. Marra, New York City, for appellant.

Isidore Dollinger, New York City (Walter E. Dillon, New York City, of counsel), for respondent.

Order affirmed.

All concur.