People v. Leathers

• Citation: 34 A.D.2d 986,312 N.Y.S.2d 661
• Parties: The PEOPLE, etc., Respondent, v. Charles LEATHERS, Appellant.
• Decision Date: 15 June 1970
• Court: New York Supreme Court Appellate Division

Page 661

312 N.Y.S.2d 661

34 A.D.2d 986

The PEOPLE, etc., Respondent, v. Charles LEATHERS, Appellant.

Supreme Court, Appellate Division, Second Department.

June 15, 1970.

Eugene Gold, Dist. Atty. Kings County, for respondent; Frank Di Lalla, asst. Dist. Atty., of counsel.

Milton Adler, New York City, for defendant-appellant; Barbara Ann Shapiro, New York City, of counsel.

Before CHRIST, P.J., and RABIN, HOPKINS, MUNDER and MARTUSCELLO, JJ.

MEMORANDUM BY THE COURT.

In a Coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated April 27, 1967, which denied the application without a hearing.

Order affirmed.

We find no merit to the claim that the prosecution could not contest the testimony of defendant's alibi witness because the witness had been used by the prosecution in convicting defendant of a different unrelated crime. We are also of the opinion that there is no merit to the claim that defendant should have been given additional time to produce other alibi witnesses. That issue was ruled on in the appeal from the judgment and found to be without merit (People v. Leathers, 24 A.D.2d 704, 262 N.Y.S.2d 422).