PEOPLE v. KILBRIDE


280 A.D. 275 (1952)

The People of the State of New York, Respondent, v. Thomas Kilbride, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1952.


Attorney(s) appearing for the Case

S. S. Goldsmith of counsel (Feldschuh & Goldman, attorneys), for appellant.

Paul A. Stone of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney, New York County, attorneys), for respondent.

PECK, P. J., DORE and HEFFERNAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm in opinion in which COHN, J., concurs.


Per Curiam.

On this application for a writ of error coram nobis, defendant submitted sworn statements that he was not represented by counsel when he pleaded guilty and when he was sentenced. The People submitted nothing to refute such statements. Accordingly, we feel constrained under the rules of law laid down by the Court of Appeals to modify the order appealed from to the extent of granting a hearing (People v. Richetti, 302...

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