Appellate Division of the Supreme Court of New York, 1955

People v. Cornelious

People v. Cornelious
Appellate Division of the Supreme Court of New York · Decided September 30, 1955
286 A.D. 991; 144 N.Y.S.2d 615; 1955 N.Y. App. Div. LEXIS 4858
People v. Cornelious

Opinion of the Court

Memorandum: Inasmuch as the records do not conclusively disclose appellant’s allegations to be false, he should have been accorded a hearing, in which he could appear and assert his rights. (People v. Richetti, 302 N. Y. 290.) Such a hearing will also afford the opportunity to the Judge before whom appellant’s plea was made, to appear and testify as a witness. All concur. (Appeal from an order of Erie County Court denying petitioner’s motion for a writ of error coram nobis.) Present — MeCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.