Appellate Division of the Supreme Court of New York, 1970

People v. Koposesky

People v. Koposesky
Appellate Division of the Supreme Court of New York · Decided January 5, 1970
33 A.D.2d 906; 307 N.Y.S.2d 846; 1970 N.Y. App. Div. LEXIS 5821
People v. Koposesky

Opinion of the Court

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated January 7, 1969, which denied the application, after a hearing. Order affirmed. The record herein does not establish that respondent failed to act in good faith to determine the whereabouts of appellant’s prior counsel. If said counsel (a witness) can be located, appellant may move once again for coram nobis relief based on the facts alleged in his petition herein. Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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