Opinion · New York Court of Appeals

People v. Booth

17 N.Y.2d 681

Type: Opinion
Court: New York Court of Appeals
Jurisdiction: New York
Date: 1966-03-31
Topic: litigation

*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.

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Cited by: 5 opinions

*682 Order 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.