Hyperlawhypertext legal databasebeta People v. Mazzella 13 N.Y.2d 997

← Cases

People v. Mazzella

13 N.Y.2d 997 Court N.Y. Decision date 1963-11-21 English

Contents

Majority

p. 997
The People of the State of New York, Respondent, v. Sylvester Mazzella, Appellant.
Argued October 28, 1963;
decided November 21, 1963.
p. 998
William G. Dalán and F. Bosley Growther, III, for appellant.
Isidore Dollinger, District ' Attorney (Walter E. Dillon of counsel), for .respondent.

• 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.

Cases cited