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13 N.Y.2d 997

People v. Mazzella

New York Court of Appeals

Decided November 21, 1963

New York Court of Appeals · decided 1963-11-21

Cited by 3 later decisions — most recently November 1973

1 federal appellate ·

Relies on Matter of Bojinoff v. People · People v. Martine

Good law ✅— No negative treatment on recordhow we know

Decided 1963-11-21

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¶1• 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.

¶2Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.

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