PEOPLE v. HORNE


18 A.D.2d 695 (1962)

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

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

December 17, 1962


Appeal dismissed.

In our opinion, whether the defendant's application be deemed one for a writ of coram nobis or a motion for resentence is immaterial under the circumstances of this case. The basic question of law as to the felonious quality of defendant's prior conviction in 1950 in the State of Florida, was raised and decided of record before entry of the County Court's judgment of conviction on May 11, 1960. That question could have been reviewed on the...

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