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PEOPLE v. COOPER

306 N.Y. 867 (1954)

The People of the State of New York, Respondent, v. Calman Cooper, Nathan Wissner and Harry A. Stein, Appellants.

Court of Appeals of the State of New York.

Decided March 12, 1954

Attorney(s) appearing for the Case

Nathan Kestnbaum for Calman Cooper and Nathan Wissner, appellants.

John J. Duff and Nathan Kestnbaum for Harry A. Stein, appellant.

Samuel Faile, District Attorney (John J. O'Brien of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ., concur; DYE and VAN VOORHIS, JJ., dissent.

Per Curiam.

Upon the papers before us, the County Court should have held a hearing upon defendants' application for an order in the nature of a writ of error coram nobis to determine whether defendants' right to counsel and a fair trial was interfered with and impaired. (See, e.g., Matter of Fusco v. Moses, 304 N.Y. 424; Coplon v. United States, 191...

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