Appellate Division of the Supreme Court of New York, 1970

People v. Del Rio

People v. Del Rio
Appellate Division of the Supreme Court of New York · Decided April 6, 1970
34 A.D.2d 651; 310 N.Y.S.2d 96; 1970 N.Y. App. Div. LEXIS 5199
People v. Del Rio

Opinion of the Court

In a coram nobis proceeding to vacate a judgment of the former County Court, Kings County, rendered August 6, 1945, defendant appeals from an order of the Supreme Court, Kings County, dated February 17, 1969, which denied the application after a hearing. Order affirmed. In our. opinion the trial court was entitled to consider the excessively long period during which defendant failed to complain, either formally or informally, of the alleged irregularity despite the fact that he was in frequent trouble with the law and was represented by counsel on each occasion (People v. Nixon, 21 N Y 2d 338, 352; cf. People v. Murphy, 20 A D 2d 222; People v. De Vore, 14 A D 2d 469). Christ, Acting P. J., Rabin, Hopkins, Munder and Latham, JJ., concur.

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