People v. Dingman

Decision Date03 July 1958
Citation175 N.Y.S.2d 611,6 A.D.2d 925
PartiesThe PEOPLE of the State of New York, Respondents, v. Robert J. DINGMAN, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

John C. Welsh, Jr., Catskill, for appellant.

Alex Wiltse, Jr., Dist. Atty., Catskill, for Greene County.

Before BERGAN, J. P., and GIBSON, HERLIHY and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from an order of the Greene County Court denying an application for a writ of error coram nobis upon the grounds that appellant was not advised of his rights under Section 480 of the Code of Criminal Procedure.

It appears from an examination of the record that the lower court had before it the original minutes of the Clerk of Greene County Court, bearing date the 17th of October, 1950, which showed that he was asked 'Have you anything to say or any legal cause to show why the sentence of the court should not be pronounced upon you?' and to this, he answered 'No,'.

There is no merit to the contention of the appellant and it is not a proper subject for review by way of writ of error coram nobis. (People v. Sullivan, 3 N.Y.2d 196, 165 N.Y.S.2d 6).

Order of the Greene County Court affirmed.

Mr. John C. Welsh, Jr., of Catskill, New York, was assigned by this court to represent defendant-appellant and is commenced by the court for the preparation of the record on appeal, the brief and his oral argument.

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3 cases
  • People v. Robertson
    • United States
    • New York Court of General Sessions
    • 12 Junio 1962
    ...Coram Nobis (1954-1960 Cum.Supp., p. 37), par. 302[a], p. 54. See also, People v. Moss, 8 A.D.2d 868, 187 N.Y.S.2d 68; People v. Dingman, 6 A.D.2d 925, 175 N.Y.S.2d 611, appeal denied 6 A.D.2d 1018, 178 N.Y.S.2d 640; People v. Stevenson, 14 A.D.2d 779, 219 N.Y.S.2d 1001; People v . Woodruff......
  • Farkas v. Cutler-Hammer, Inc., CUTLER-HAMME
    • United States
    • New York Supreme Court — Appellate Division
    • 3 Julio 1958
  • People v. Dingman
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Septiembre 1958
    ...without prejudice to its renewal before an individual Justice of this Court or an individual Judge of the Court of Appeals. 6 A.D.2d 925, 175 N.Y.S.2d 611. ...

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