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PEOPLE v. HANNIGAN

7 N.Y.2d 317 (1960)

The People of the State of New York, Respondent, v. Thomas Patrick Hannigan, Appellant.

Court of Appeals of the State of New York.

Decided January 14, 1960.

Attorney(s) appearing for the Case

Barbara G. Hering and Florence M. Kelley for appellant.

Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, BURKE and FOSTER concur in Per Curiam opinion; Judges DYE, FROESSEL and VAN VOORHIS dissent and vote to affirm in the following memorandum: Both defendant and the District Attorney have submitted their conflicting verified statements. Neither party asserts that he has any additional evidence. The record shows the defendant made his present application about seven years after his earlier conviction, following his later conviction for second degree manslaughter and after he had ascertained that the sentencing minutes with respect to the earlier conviction were no longer available. The courts below had the right to disbelieve his claim that a County Judge had substituted an Assistant District Attorney in place of his own attorney — then present in court — at the time of receiving a suspended sentence.

Per Curiam.

Although it is the general rule that coram nobis will not lie to correct errors appearing on the face of the record (People v. Sullivan, 3 N.Y.2d 196), this court recognized an exception in a case where the trial court denied to a defendant his right to counsel of his own choice (People v. Silverman, 3 N.Y.2d 200

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