People v. Roden
| Decision Date | 15 February 1968 |
| Citation | 235 N.E.2d 776,21 N.Y.2d 810,288 N.Y.S.2d 638 |
| Parties | , 235 N.E.2d 776 The PEOPLE of the State of New York, Respondent, v. James RODEN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Joel A. Brenner and Anthony F. Marra, New York City, for appellant.
Isidore Dollinger, Dist. Atty. (Peter R. De Filippi and Daniel J. Sullivan, New York City, of counsel), for respondent.
Order affirmed in the following memorandum:
We agree with the trial court that Coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed, 27 A.D.2d 729, 277 N.Y.S.2d 444, revd. on other grounds 20 N.Y.2d 958, 286 N.Y.S.2d 850, 233 N.E.2d 854.
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