New York Court of Appeals, 1966

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

Cases that cite this one

4 later published cases cite this decision.

United States of America Ex Rel. Roy Schuster, Relator-Appellant v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New York (2d Cir. 1969)
United States Ex Rel. Daniels v. Johnston (District Court, S.D. New York 1971)
Beesley v. Smith (District Court, S.D. New York 1984)
State v. Hansen (Or. Ct. App. 1986)

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

*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.

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