People v. Daboul
| Decision Date | 04 January 1961 |
| Citation | 209 N.Y.S.2d 4 |
| Parties | PEOPLE of the State of New York v. Anthony DABOUL, Defendant. |
| Court | New York Court of General Sessions |
Frank S. Hogan, Dist. Atty., New York City (Thomas A. Reynolds, New York City, of counsel), for the People .
Anthony Daboul, in pro. per.
Coram nobis relief is not available for the purpose of curing the effect of an alleged violation of section 480 of the Code of Criminal Procedure, which deals with the allocution ritual. See Eli Frank's Coram Nobis (1954-1960 Cum.Supp.), page 53(77), 4.01(b). Even if the remedy were available, the minutes of sentence, dated February 10, 1948, belie defendant's contention of a noncompliance with this provision of the code. On page 2 of those minutes appears the following pronouncement to which defendant's attorney had responded:
'The Clerk: Anthony Daboul, what have you now to say why judgment of the Court should not now be pronounced against you according to law?
'Mr. Wanderman: (Attorney. Answers for defendant).'
Although the response came from defendant's attorney, it has, nevertheless, been held that such procedure is binding. See Eli Frank's Coram Nobis (1954-1960 Cum.Supp.), page 55(77), 4.01(b), col . 1 top.
Motion denied.
The District Attorney is directed to enter an order in conformance with the decision herein and to forward a certified copy to defendant.
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