3 N.Y.2d 200
Decided July 3, 1957
New York Court of Appeals · decided 1957-07-03
Good law ✅— No negative treatment on recordhow we know
Decided 1957-07-03
Cited by 47 later decisions — most recently January 2008 · most notably Clark v. Perez (2008), Mathis v. United States (1966)
18 federal appellate · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1I concur in the result only. Because of the distinctions heretofore made and now being made as to the various post-judgment remedies in criminal causes, no clear rule or rules exist and each case must be decided according to its own equities.
¶2Conway, Ch. J., Dye, Fuld, Froessel and Van Voorhis, JJ., concur with Burke, J.; Desmond, J., concurs in result only in a separate memorandum.
¶3Orders reversed, etc.