People v. Noia
| Decision Date | 17 June 1957 |
| Citation | 4 A.D.2d 698,163 N.Y.S.2d 796 |
| Parties | The PEOPLE of the State of New York, appellant, v. Charles NOIA, respondent. |
| Court | New York Supreme Court — Appellate Division |
Maurice Edelbaum, New York City, for respondent, Frederick S. Abrams, New York City, on the brief.
William I. Siegel, Brooklyn, for appellant.
Before NOLAN, P. J., and BELDOCK, MURPHY, UGHETTA and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
Appeal from an order of the County Court, Kings County, granting, after a hearing, respondent's application to vacate a judgment of said court, rendered March 2, 1942, convicting him of murder in the first degree, with a recommendation of leniency. The application was made on the ground that respondent's conviction was procured in violation of the due process clause of the United States Constitution.
Order reversed on the law, and motion denied. The findings of fact below are affirmed.
It was error to vacate the judgment. The respondent's contentions with respect to the illegality of his conviction involve matters which could have been adequately reviewed on appeal from the judgment of conviction. No appeal was taken. This being so, the court was without authority to grant the application (People v. Sadness, 300 N.Y. 69, 89 N.E.2d 188; People v. Russo, 284 App.Div. 763, 135 N.Y.S.2d 475; People v. Palumbo, 282 App.Div. 1059, 126 N.Y.S.2d 381). This appeal is to be distinguished from People v. Caminito, 4 A.D.2d 697, 163 N.Y.S.2d 699, where appeals were taken to this court and to the Court of Appeals from the judgment of conviction, and where the facts as to the manner of procuring the confessions of his codefendants are dissimilar from those with respect to this respondent.
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Fay v. Noia, 84
...447, 158 N.Y.S.2d 683 (1956). The Appellate Division of the Supreme Court reversed and reinstated the judgment of conviction, 4 A.D.2d 698, 163 N.Y.S.2d 796 (1957). The New York Court of Appeals affirmed the Appellate Division sub nom. People v. Caminito, 3 N.Y.2d 596, 170 N.Y.S.2d 799, 148......
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Presnell v. Kemp
...447, 158 N.Y.S.2d 683 (1956), but the Appellate Division of the New York Supreme Court reversed, reinstating Noia's conviction. People v. Noia, 4 A.D.2d 698, 163 N.Y.S.2d 796 (1957). The New York Court of Appeals affirmed. People v. Caminito, 3 N.Y.2d 596, 170 N.Y.S.2d 799, 148 N.E.2d 139, ......
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United States v. Fay
... 300 F.2d 345 (1962) ... UNITED STATES of America ex rel. Charles NOIA, Relator-Appellant, ... Edwin M. FAY, as Warden of Greenhaven Prison, State of New York, Respondent-Appellee ... No. 308, Docket 26557 ... Caminito appealed their convictions to the New York Supreme Court, Appellate Division, Second Department, and, on affirmance by that court, People v. Bonino, 265 App.Div. 960, 38 N.Y.S.2d 1019 (1942), appealed to the New York Court of Appeals, 291 N.Y. 541, 50 N.E.2d 654 (1943). Noia did not ... ...
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United States v. Fay
...of Kings County, People v. Noia, 3 Misc.2d 447, 158 N.Y.S.2d 683, was reversed by the Appellate Division, Second Department, 4 A.D.2d 698, 163 N.Y.S.2d 796, and affirmed by the Court of Appeals, People v. Caminito, 3 N.Y.2d 596, 170 N.Y.S. 2d 799, 148 N.E.2d 139. The Supreme Court subsequen......