Appellate Division of the Supreme Court of New York, 1967

People v. Couse

People v. Couse
Appellate Division of the Supreme Court of New York · Decided April 27, 1967
27 A.D.2d 966; 279 N.Y.S.2d 332; 1967 N.Y. App. Div. LEXIS 4335
People v. Couse

Opinion of the Court

Memorandum by the Court. Appeal from an order of the County Court of Chenango County which denied an application in the nature of a writ of error coram nobis, after the hearing for which the matter was remitted as the result of a prior appeal to this court. (Opinion: 26 A D 2d 708.) The documentary evidence, consisting of the Clerk’s minutes, which we held did not “ conclusively rebut appellant’s allegations ” (26 A D 2d 708, 709) so as to sustain the County Court’s denial of a hearing, could nevertheless be given evidentiary effect upon the hearing subsequently conducted and, of course, the County Court was entitled to evaluate the defendant’s testimony and in this case was warranted in finding it incredible. Order affirmed. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.

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