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  5. 16 A.D.2d 240 (1962)
 

PEOPLE v. ROMEO

16 A.D.2d 240 (1962)

The People of the State of New York, Respondent, v. Benedetto Romeo, Appellant

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

April 17, 1962.

Attorney(s) appearing for the Case

Nathan Kestnbaum for appellant.

Frederick J. Murphy of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur in Per Curiam opinion; VALENTE, J., dissents in opinion in which McNALLY, J., concurs.

Per Curiam.

This is an appeal from an order denying an application in the nature of a writ of error coram nobis seeking a vacatur of a judgment of conviction of murder in the first degree, entered on May 6, 1946, sentencing the defendant to a term of life imprisonment.

At the trial of the defendant on the charge of murder in the first degree, the principal prosecution witness was one Gramando. After...

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