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People v. Salemi

308 N.Y. 863 Court N.Y. Decision date 1955-03-11 English

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p. 863
The People of the State of New York, Respondent, v. Leonardo Salemi, Appellant.
Argued February 25, 1955;
decided March 11, 1955.
p. 864
Jacob Shientag and Rudolph Stand for appellant.
Frank S. Hogan, District Attorney (Charles W. Manning and Richard G. Denser of counsel), for respondent.

Order affirmed, upon the ground that coram nobis does not lie. This determination is made without prejudice to an application for a new trial in respect to the dying declaration. No opinion.

Concur: Conway, Ch. J., Dye, Fulo, Froessel and Burke, JJ. Desmond and Van Voorhis, JJ., dissent upon the ground that they are of the opinion that coram nobis should lie under these circumstances in a capital case.