New York Court of Appeals, 1966

People v. Booth

People v. Booth
New York Court of Appeals · Decided March 31, 1966
17 N.Y.2d 681; 216 N.E.2d 615; 269 N.Y.S.2d 457; 1966 N.Y. LEXIS 1462

People v. Booth

Opinion of the Court

*682Order affirmed. In our opinion the trial court was correct in denying the writ of error coram, nobis until petitioner’s sanity is restored (see People v. Cossentino, 14 N Y 2d 750).

Concur: Chief Judge Desmond and Judges Van Voobhis, Bubke, Soileppi, Bebgan and Keating. Judge Fuld dissents in the following memorandum: I do not believe that a defendant’s mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U. S. 107.) I would reverse and remand for a hearing on the merits.

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