PEOPLE v. CAPOBIANCO


10 Misc.2d 525 (1958)

The People of the State of New York, Plaintiff, v. Francis J. Capobianco, Defendant.

County Court, Schenectady County.

April 19, 1958.


Attorney(s) appearing for the Case

Andrew A. Santora for defendant.

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


ARCHIBALD C. WEMPLE, J.

On March 20, 1958 this court granted a motion made by the District Attorney to dismiss an appeal from the above conviction on the grounds that the defendant herein had failed to comply with sections 751 and 761 of the Code of Criminal Procedure.

The defendant, after the dismissal of his appeal, is now attempting to seek his remedy by an application brought in this court in the nature of a writ of error coram nobis.<...

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