PEOPLE v. DE GENNARO


12 Misc.2d 35 (1958)

The People of the State of New York, Plaintiff, v. Dominic De Gennaro, Defendant.

County Court, Schenectady County.

July 17, 1958.


Attorney(s) appearing for the Case

Dominic De Gennaro, in person, and Carl J. Ruskowski for Dominic De Gennaro, defendant.

Morris Marshall Cohn, District Attorney (James H. Gould of counsel), for plaintiff.


ARCHIBALD C. WEMPLE, J.

At the outset it should be noted that the defendant-petitioner simply makes an application to vacate and set aside his sentence imposed on October 23, 1935, but nowhere does the defendant-petitioner state that he is applying for relief through a writ of habeas corpus or a writ of error coram nobis. He merely alleges that at the time of his sentence, section 480 of the Code of Criminal...

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