PEOPLE v. NOIA


4 A.D.2d 698 (1957)

The People of the State of New York, Appellant, v. Charles Noia, Respondent

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

June 17, 1957


Order reversed on the law, and motion denied. The findings of fact below are affirmed.

It was error to vacate the judgment. The respondent's contentions with respect to the illegality of his conviction involve matters which could have been adequately reviewed on appeal from the judgment of conviction. No appeal was taken. This being so, the court was without authority to grant the application (People v. Sadness, 300 N.Y. 69;...

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