Appellate Division of the Supreme Court of New York, 1950

People v. Lemmons

People v. Lemmons
Appellate Division of the Supreme Court of New York · Decided May 15, 1950
277 A.D.2d 783
People v. Lemmons

Opinion of the Court

Defendant’s motion for permission to appeal as a poor person denied, and his alternative motion to dismiss the appeal granted. Proceedings in the nature of coram nobis were not available to defendant for the reason that he had and exercised the right to question, on appeal from the judgment of conviction, the ruling of the Trial Judge which, he contends, subjected him to double jeopardy. That contention was rejected on the appeal from the judgment. Present — Nolan, P. J., Carswell, Johnston, Adel and MacCrate, JJ.

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