Order unanimously reversed and matter remitted to the Erie County Court for a hearing on the allegations of the petition concerning alleged irregularities in the submission of the case to the jury.
Memorandum:
We treat this as a proceeding in coram nobis although it is labeled as a motion under subdivision 7 of section 465 of the Code of Criminal Procedure. The Trial Judge correctly decided that an application under that section must be made within...
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