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21 N.Y.2d 810

People v. Roden

New York Court of Appeals

Decided February 15, 1968

New York Court of Appeals · decided 1968-02-15

Decided 1968-02-15

¶1Order affirmed in the following memorandum: We agree with the trial court that coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed (27 A D 2d 729, revd. on other grounds 20 N Y 2d 958).

¶2Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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