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People v. Booth

17 N.Y.2d 681 Court N.Y. Decision date 1966-03-31 English

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p. 681
The People of the State of New York, Respondent, v. Joseph Booth, Appellant.
Argued February 21, 1966;
decided March 31, 1966.
Phylis Skloot Bamberger, Matthew Muraskin and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney (Michael R. Stack and H. Richard Uviller of counsel), for respondent.
p. 682
Order affirmed. In our opinion the trial court was correct in denying the writ of error coram, nobis until petitioner’s sanity is restored (see People v. Cossentino, 14 N Y 2d 750 ).

Concur: Chief Judge Desmond and Judges Van Voobhis, Bubke, Soileppi, Bebgan and Keating. Judge Fuld dissents in the following memorandum: I do not believe that a defendant’s mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U. S. 107 .) I would reverse and remand for a hearing on the merits.

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