PEOPLE v. McELROY


11 A.D.2d 556 (1960)

The People of the State of New York, Respondent, v. Frederick Foss McElroy, Appellant

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

May 5, 1960


The appellant was convicted of murder, second degree, on April 6, 1951 and sentenced on April 12, 1951 to from 35 years to life. A notice of appeal was filed but the appeal was not heard until the February 1959 Term of this court. In the interim, in 1953, the appellant made a petition for a writ of coram nobis on substantially the same grounds as the present petition. That petition was denied on the ground that an appeal was pending and that the petition dealt primarily...

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