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PEOPLE v. TOMASELLI

7 N.Y.2d 350 (1960)

The People of the State of New York, Respondent, v. Joseph Tomaselli, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Joseph P. Carey for appellant.

Raymond C. Baratta, District Attorney (Eugene F. Frink of counsel), for respondent.

Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Judge FULD; Chief Judge DESMOND dissents in a separate opinion.

FULD, J.

More than 25 years ago — and in this account we accept as true the allegations of the petition for a writ of error coram nobis — Tomaselli, then 16 years old, was indicted by a Dutchess County Grand Jury for the crime of second degree forgery. Although originally represented by a lawyer of his own choosing, who apparently withdrew from the case, the defendant appeared without counsel...

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