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People v. Smyth

3 A.D.2d 733 Court First Department, Decision date 1957-03-05 English

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p. 733
First Department,
March, 1957
(March 5, 1957)
The People of the State of New York, Respondent, v. Franklin Smyth, Appellant.

The order of the County Court, Bronx County, entered June 21, 1956, denying without hearing defendant’s coram nobis application, unanimously reversed and the matter remitted to the County Court for a hearing solely on the issue of defendant’s alleged mental incompetence at the time of arraignment, plea of guilty and sentence (People v. Boehm, 309 N. Y. 362 ). Settle order on notice. Concur — Peek, P. J., Breitel, Botein, Rabin and Frank, JJ.

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