People v. Mazzella
Cases that cite this one
5 later published cases cite this decision.
- United States Ex Rel. Nathaniel Williams v. J. E. Lavallee, Warden of Clinton Correctional Facility, Dannemora, N. Y. (2d Cir. 1974)
- People v. D'Alessandro (N.Y. 2009)
- Reed v. Follette (District Court, S.D. New York 1967)
- United States Ex Rel. Jiggetts v. Follette (District Court, S.D. New York 1966)
- People v. Cortez (Appellate Division of the Supreme Court of New York 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
• Order affirmed. While a denial of coram nobis relief is not res judicata as to a subsequent petition on the same grounds, the question whether to entertain such an application is ordinarily one of discretion (Matter of Bojinoff v. People, 299 N. Y. 145; People v. Martine, 303 N. Y. 789). Even when new or additional evidence, is claimed to have been found, the decision whether or not to hold a hearing on the new application is an exercise of judicial discretion (People v. Sullivan, 4 N Y 2d 472). In the' present instance there was no abuse of this discretion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.