People v. Hairston

Decision Date09 June 1961
Citation10 N.Y.2d 92,217 N.Y.S.2d 77,176 N.E.2d 90
Parties, 176 N.E.2d 90 PEOPLE of the State of New York, Appellant, v. Gilbert M. HAIRSTON, Respondent.
CourtNew York Court of Appeals Court of Appeals

Carman F. Ball, Dist. Atty., Buffalo (Robert A. Burrell, Buffalo, of counsel), for appellant.

Richard F. Griffin, Buffalo, for respondent.

FULD, Judge.

In reversing the trial court's denial of the defendant's application for post-conviction relief, and in directing that a hearing be held, the Appellate Division left undecided the nature of the relief to be accorded the defendant if successful and, upon this appeal by the People, we direct ourselves to that question.

The defendant has alleged that he was wrongfully prevented by prison authorities from complying with the statutory requirements for the taking and perfecting of an appeal from a judgment of conviction. If his assertions are established, there can be no doubt, as the Appellate Division recognized, that the defendant was denied rights guaranteed by both Federal and State Constitutions, entitling him to judicial redress to undo the wrong. As to the form of such redress, it suffices to say that, although the writ of error coram nobis has traditionally been employed to bring to the attention of the trial court matters which occurred during the trial, this court has not hesitated to expand its scope when necessary to afford the defendant a remedy in those cases in which no other avenue of judicial relief appeared available. See, e. g., People v. Hill, 8 N.Y.2d 935, 204 N.Y.S.2d 172, affirming 9 A.D.2d 451, 195 N.Y.S.2d 295; People v. Sullivan, 3 N.Y.2d 196, 198, 200, 165 N.Y.S.2d 6, 8, 9. In the Hill case, 8 N.Y.2d 935, 204 N.Y.S.2d 172, supra, for instance, the court held that coram nobis was available to a defendant who, having failed to file a notice of appeal from his judgment of conviction within the time limited by statute, claimed that he was 'insane' during that period.

If, therefore, the defendant before us proves the allegations of his petition at the hearing which has been directed by the Appellate Division, the judgment of conviction should be vacated and the defendant remanded to the Erie County Court for reimposition of the sentence (nunc pro tunc) upon the verdict already had. He would then have an opportunity of prosecuting and perfecting an appeal, since the time for taking such appeal would date from the rendition of the new judgment.

The order of the Appellate Division should be affirmed.

DE...

To continue reading

Request your trial
63 cases
  • United States v. Mancusi, 67 C 526.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • October 13, 1967
    ......3. .         This decision was unanimously affirmed by the Appellate Division. People v. Thurmond, 26 A.D.2d 622, 272 N.Y.S.2d 730 (2d Dep't 1966). Leave to appeal to the Court of Appeals was denied. .         On June 2, 1967 ...A new sentence can be imposed and time to appeal measured from the rendition of a new judgment. People v. Hairston, 10 N.Y. 2d 92, 94, 217 N.Y.S.2d 77, 176 N.E.2d 90 (1961). The judgment of the County Court is vacated. .         Prior to sentence, ......
  • People v. Andrews
    • United States
    • New York Court of Appeals
    • June 12, 2014
    ...coram nobis” was used by courts to correct errors for which no other avenue of judicial relief was apparent (see e.g. People v. Hairston, 10 N.Y.2d 92, 93–94, 217 N.Y.S.2d 77, 176 N.E.2d 90 [1961] ; People v. Bachert, 69 N.Y.2d 593, 598–600, 516 N.Y.S.2d 623, 509 N.E.2d 318 [1987] ). After ......
  • People v. Grimes
    • United States
    • New York Court of Appeals
    • October 23, 2018
    ...to "afford the defendant a remedy in those cases in which no other avenue of judicial relief appeared available" ( People v. Hairston , 10 N.Y.2d 92, 93–94, 217 N.Y.S.2d 77, 176 N.E.2d 90 [1961] ; see Matter of Bojinoff v. People , 299 N.Y. 145, 151, 85 N.E.2d 909 [1949] ). Specifically, we......
  • People v. Andrews, 93, No. 94, No. 120
    • United States
    • New York Court of Appeals
    • June 12, 2014
    ...coram nobis” was used by courts to correct errors for which no other avenue of judicial relief was apparent (see e.g. People v. Hairston, 10 N.Y.2d 92, 93–94, 217 N.Y.S.2d 77, 176 N.E.2d 90 [1961] ; People v. Bachert, 69 N.Y.2d 593, 598–600, 516 N.Y.S.2d 623, 509 N.E.2d 318 [1987] ). After ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT