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People v. Morales

58 N.Y.2d 1008 Court N.Y. Decision date 1983-03-22 English

Contents

Majority

p. 1008
The People of the State of New York, Respondent, v Carlos Morales, Appellant.
Argued February 10, 1983;
decided March 22, 1983
APPEARANCES OF COUNSEL
David Segal for appellant.
Elizabeth Holtzman, District Attorney (Debra W. Petrover and Barbara D. Underwood of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

p. 1009
Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his failure to do so, it cannot be said that as to defendant’s failure to appeal the coram nobis Judge erred in denying the application without a hearing (People v Scott, 10 NY2d 380 ). The other bases advanced for vacating the judgment clearly could have been raised on appeal, had one been taken (see CPL 440.10, subd 2, par M).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed in a memorandum.

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