People v. Morales

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: COOKE
• Citation: People v. Morales, 461 N.Y.S.2d 1011, 58 N.Y.2d 1008, 448 N.E.2d 796 (N.Y. 1983)
• Decision Date: 22 March 1983
• Parties: , 448 N.E.2d 796 The PEOPLE of the State of New York, Respondent, v. Carlos MORALES, Appellant.

Page 1011

461 N.Y.S.2d 1011

58 N.Y.2d 1008, 448 N.E.2d 796

The PEOPLE of the State of New York, Respondent, v. Carlos MORALES, Appellant.

Court of Appeals of New York.

March 22, 1983.

David Segal, New York City, for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Debra W. Petrover and Barbara D. Underwood, Brooklyn, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 86 A.D.2d 990, 449 N.Y.S.2d 820, should be affirmed.

Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his failure to do so, it cannot be said that as to defendant's failure to appeal the coram nobis Judge erred in denying the application without a hearing (People v. Scott, 10 N.Y.2d 380, 223 N.Y.S.2d 472, 179 N.E.2d 486). The other bases advanced for vacating the judgment clearly could have been raised on appeal, had one been taken (see CPL 440.10, subd. 2, par. [c] ).

COOKE, C.J., and JASEN, JONES, WACHTLER, FUCHSBERG, MEYER...