Majority
p. 810The People of the State of New York, Respondent, v. James Roden, Appellant. Argued January 9, 1968; decided February 15, 1968.
p. 811
Joel A. Brenner and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney (Peter R. De Filippi and Daniel J. Sullivan of counsel), for respondent.
Order affirmed in the following memorandum: We agree with the trial court that coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed ( 27 A D 2d 729 , revd. on other grounds 20 N Y 2d 958 ).
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
Cases cited
- People v. Ahmed 20 N Y 2d 958 p. 811