Opinion · New York Court of Appeals
People v. Mazzella
13 N.Y.2d 997
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1963-11-21
- Topic
- general
• 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.
Citator
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- Cited by
- 6 opinions
• 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.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.