People v. Guastella

• Decision Date: 07 November 1966
• Citation: 26 A.D.2d 937,275 N.Y.S.2d 804
• Parties: The PEOPLE, etc., Appellant, v. Joseph M. GUASTELLA, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 804

275 N.Y.S.2d 804

26 A.D.2d 937

The PEOPLE, etc., Appellant, v. Joseph M. GUASTELLA, Respondent.

Supreme Court of New York, Appellate Division, Second Department.

Nov. 7, 1966.

In a Coram nobis proceeding, the People appeal from an order of the Supreme Court, Queens County, entered April 9, 1965, which granted defendant's application only to the extent of ordering a Huntley type hearing to determine the voluntariness of defendant's confession. Defendant's Coram nobis application is to vacate a judgment of the former County Court, Queens County, rendered March 25, 1954, convicting him of burglary in the third degree and petit larceny, upon a jury trial, and imposing sentence. Appeal dismissed. In our opinion, the order sought to be reviewed is nonappealable (Code Crim.Proc. § 518; People v. Monahan, 21 A.D.2d 748, 250 N.Y.S.2d 241).

CHRIST, Acting P.J., and BRENNAN, HILL, HOPKINS and BENJAMIN, JJ., concur.