Appellate Division of the Supreme Court of New York, 1966

People v. Cabrera

People v. Cabrera
Appellate Division of the Supreme Court of New York · Decided October 11, 1966
26 A.D.2d 801; 274 N.Y.S.2d 341; 1966 N.Y. App. Div. LEXIS 3410
People v. Cabrera

Opinion of the Court

Order, entered on October 28, 1965, denying, without a hearing, the petitioner’s motion for a writ of error coram nobis, unanimously reversed on the law, the facts and in the exercise of discretion, and the matter is remanded for a hearing on the issue of whether petitioner was deprived of his right to appeal from an earlier order, which denied a prior coram nobis application, because of “lack of mental capacity and the action of the prison officials”. Concur — McNally, J. P., Stevens, Capozzoli and Witmer, JJ.

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