PEOPLE v. HOWARD


12 N.Y.2d 65 (1962)

The People of the State of New York, Appellant, v. Sylvester Howard, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1962.


Attorney(s) appearing for the Case

John J. Conway, Jr., District Attorney (Nicholas P. Varlan of counsel), for appellant.

James H. Biben for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


FULD, J.

The defendant was convicted in 1955, following a trial at which he was represented by counsel, of several counts of robbery and assault. He took no appeal from the judgment of conviction. Six years later, however, he instituted this coram nobis proceeding, alleging, in effect, that a statement which the prosecution used at his trial had been procured from him not only by force and threats but through...

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