People v. Neeley
| Decision Date | 10 December 1957 |
| Citation | 4 A.D.2d 1019,169 N.Y.S.2d 268 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Edward NEELEY, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
W. N. Letson, New York City, for defendant-appellant.
W. E. Dillon, New York City, for respondent. Before BOTEIN, J. P. and RABIN, FRANK, VALENTE and McNALLY, JJ.
The alleged defects in the proceedings before the Magistrate do not affect the validity of the indictment not otherwise challenged. People ex rel. Hirschberg v. Close, 1 N.Y.2d 258, 152 N.Y.S.2d 1. The allegations of incompetence of defendant's counsel and the claim of fraud in respect of counsel and the District Attorney are conclusory and devoid of factual support and hence cannot justify relief by writ of error coram nobis;People v. Fanning, 300 N.Y. 593, 89 N.E.2d 881; People v. Oddo, 300 N.Y. 649, 90 N.E.2d 896; People v. Moore, 284 App.Div. 925, 134 N.Y.S.2d 397; and, further, the claims alleged are patently incredible.
Order unanimously affirmed. Order filed.
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