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PEOPLE v. CHAIT

7 A.D.2d 399 (1959)

The People of the State of New York, Appellant, v. Abraham Chait, Respondent

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

March 17, 1959.

Attorney(s) appearing for the Case

H. Richard Uviller of counsel (Richard G. Denzer, Bernard L. Friedman with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Maurice Edelbaum (Chester E. Kleinberg with him on the brief), for respondent.

BREITEL, McNALLY and BERGAN, JJ., concur with BOTEIN, P. J.; RABIN, J., dissents in opinion.

BOTEIN, P. J.

A judgment of the Court of General Sessions of the County of New York, entered May 31, 1917, convicting petitioner of the crime of grand larceny in the second degree upon his plea of guilty, has been vacated by the granting of a writ of error coram nobis. The court below held that upon the hearings before it petitioner had successfully sustained the burden of proving that he had never been...

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