PEOPLE v. FORTSON


7 A.D.2d 139 (1958)

The People of the State of New York, Appellant, v. Willie Fortson, Respondent

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

December 30, 1958.


Attorney(s) appearing for the Case

Liston F. Coon, District Attorney, for appellant.

Henry M. Rebeck for respondent.

BERGAN, GIBSON and HERLIHY, JJ., concur.


FOSTER, P. J.

This case presents a rather extraordinary situation which would commonly lead to the belief that the defendant was entitled to some relief but nevertheless we feel constrained to hold that relief cannot be obtained under the present proceeding. The County Court of Schuyler County has sustained a writ of error coram nobis, dismissed the indictment against the defendant for the crime of grand larceny first degree and set aside a judgment...

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