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PEOPLE v. BRILLIAN

3 A.D.2d 318 (1957)

The People of the State of New York, Respondent, v. Frank E. Brillian, Appellant

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

March 20, 1957.

Attorney(s) appearing for the Case

Robert M. Laughlin for appellant.

Edwin G. O'Connor, District Attorney, for respondent.

All concur, except WILLIAMS, J., who dissents and votes for affirmance in a separate memorandum. Present — VAUGHAN, J. P., KIMBALL, WILLIAMS, BASTOW and GOLDMAN, JJ.

Per Curiam.

Petitioner-appellant, while serving sentence as a third felony offender, brought this proceeding in the nature of a writ of coram nobis to vacate and expunge from the records of the Chautauqua County Court a judgment of conviction imposed on the 26th day of September, 1938. The petitioner so far has failed because the court below has regarded his evidence as insufficient to overcome the presumption...

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