People v. Booth
| Decision Date | 31 March 1966 |
| Citation | 17 N.Y.2d 681,269 N.Y.S.2d 457,216 N.E.2d 615 |
| Parties | , 216 N.E.2d 615 The PEOPLE, etc., Respondent, v. Joseph BOOTH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 24 A.D.2d 436, 260 N.Y.S.2d 820.
Frank S. Hogan, New York City (H. Richard Uviller and Michael R. Stack, New York City, of counsel), for respondent.
Defendant, who had been convicted of assault in the second degree, whose judgment of conviction had been affirmed by the Appellate Division and who had been transferred from Clinton Prison to Dannemora State Hospital after having been certified as insane under the Correction Law, Consol.Laws, c. 43, § 383, brought a coram nobis proceeding.
The Supreme Court, Special and Trial Term, New York County, Joseph A. Sarafite, J., entered an order denying, without a hearing the motion for writ of error coram nobis without prejudice to a renewal of motion if and when defendant is certified as sane, and the defendant appealed.
The Appellate Division, 24 A.D.2d 436, 260 N.Y.S.2d 820, entered an order affirming the order of the Special and Trial Term.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.
Order affirmed. In our opinion the trial court was correct in denying the writ of error coram nobis until petitioner's sanity is restored (see People v. Cossentino, 14 N.Y.2d 750, 250 N.Y.S.2d 432, 199 N.E.2d 511).
All concur except FULD, J., who dissents in the following memorandum: I do not believe that a defendant's mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U.S. 107, 86 S.Ct. 760, 15 L.Ed.2d 620.) I would reverse and remand for a hearing on the merits.
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...Mr. Justice Marks cited as authority for his decision the decision of the New York Court of Appeals in People v. Booth, 17 N.Y.2d 681, 269 N.Y.S.2d 457, 216 N.E.2d 615 (1966). That decision, cited frequently as authority for denying subsequent applications by Daniels, states only: "Order af......
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...insane, New York law prevents him from seeking to vacate his original conviction by a writ of coram nobis. People v. Booth, 17 N.Y.2d 681, 216 N.E.2d 615, 269 N.Y.S.2d 457 (1966). We are not alone in attributing significance to a transfer from a prison to an institution for the criminally i......
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...the postconviction remedies to test the validity of the underlying criminal conviction. The appeals focus upon People v. Booth, 17 N.Y.2d 681, 269 N.Y.S.2d 457, 216 N.E.2d 615 in which we sustained a Supreme Court order which had denied, without prejudice, a Coram nobis application made by ......
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...prejudice, a coram nobis application of an inmate of Dannemora State Hospital in supposed compliance with People v. Booth, 17 N.Y.2d 681, 269 N.Y.S.2d 457, 216 N.E.2d 615. The theory for denial was that an inmate of Dannemora State Hospital is incompetent to participate in legal proceedings......