¶1In a coram nobis proceeding, defendant appeals from an order of the County Court, Suffolk County, entered February 24,1971, which denied the application without a hearing. Order affirmed. No opinion. Munder, Latham and Gulotta, JJ., concur; Rabin, P. J., and Hopkins, J., dissent and vote to reverse the order and to grant the application to the extent of directing that a hearing be held on defendant’s allegations, with the following memorandum : Defendant’s allegations entitle him to a hearing. The record does not conclusively refute his contentions; nor are his allegations incredible as a matter of law (People v. Bagley, 23 N Y 2d 814).
38 A.D.2d 734
People v. Roman
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1972
Appellate Division of the Supreme Court of the State of New York · decided 1972-01-17
Cited by 1 later decisions — most recently June 1984
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1972-01-17
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