Majority
p. 853The People of the State of New York, Appellant, v. Joseph E. Welsh, Respondent. Submitted May 2,1973; decided May 30,1973.
p. 854
Arnold W. Proskhin, District Attorney, for appellant.
Public Defender for respondent.
Order reversed and the order of the County Court reinstated in the following memorandum: In his application for a writ of error coram nobis, petitioner has failed to meet the requirements enunciated by this court in People v. Lynn ( 28 N Y 2d 196 ) and, hence, is not entitled to a hearing pursuant to People v. Montgomery ( 24 NY 2d 130 ).
Concur: Chief Judge Fulb and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.
Cases cited
- People v. Lynn 28 N Y 2d 196 p. 854
- People v. Montgomery 24 NY 2d 130 p. 854