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PEOPLE v. PICCIOTTI

4 N.Y.2d 340 (1958)

The People of the State of New York, Appellant, v. Edmund V. Picciotti, Respondent.

Court of Appeals of the State of New York.

Decided May 15, 1958.

Attorney(s) appearing for the Case

Harry L. Rosenthal, District Attorney (John C. Little, Jr., of counsel), for appellant.

Edmund V. Picciotti, in person, and John A. Damico for Edmund V. Picciotti, respondent.

Chief Judge CONWAY and Judges DESMOND, VAN VOORHIS and BURKE concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Judge DYE concurs.

FULD, J.

On this appeal by the People, the sole question presented is whether, on the facts alleged in the defendant's coram nobis petition, he is entitled, as the Appellate Division has held, to a hearing.

The defendant was indicted in Monroe County in June, 1950, for burglary and in September of the same year for robbery and larceny. He pleaded not guilty to the first indictment, but was never...

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