PEOPLE v. FREUDENBERG


5 N.Y.2d 209 (1959)

The People of the State of New York, Appellant, v. Henry Freudenberg, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1959.


Attorney(s) appearing for the Case

Daniel V. Sullivan, District Attorney (Walter E. Dillon and Irving Anolik of counsel), for appellant.

Martin S. Friedman and Richard D. Friedman for respondent.

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


BURKE, J.

The primary question presented is whether the defendant has made out a case for coram nobis relief.

It is axiomatic that defendant's right to this relief depends upon proof that the trial court, in the original proceedings, did not adequately inform defendant of his rights.

The facts as found and affirmed by the courts below in this proceeding for a writ of error coram...

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