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People v. D'Angelo

12 A.D.2d 879 Court N.Y. App. Div. Decision date 1961-01-05 English

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p. 879
The People of the State of New York, Respondent, v. Angelo D’Angelo, Appellant.

Order unanimously modified to provide that the appellant’s motion to withdraw the application for a writ of error coram nobis without prejudice be granted, and as modified affirmed. Memorandum: The appellant’s attorney having been discharged, the County Court in the exercise of a proper discretion should have granted the motion for permission to withdraw the pending application. (Appeal from order of Onondaga Comity Court denying defendant’s motion, after a hearing, to set aside a judgment entered May 1, 1950, convicting him of assault, second degree, robbery, first degree, and kidnapping.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.