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PEOPLE v. MAZZELLA

13 N.Y.2d 997 (1963)

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

Court of Appeals of the State of New York.

Decided November 21, 1963.

Attorney(s) appearing for the Case

William G. Dakin and F. Bosley Crowther, III, for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Order affirmed. While a denial of coram nobis relief is not res judicata as to a subsequent petition on the same grounds, the question whether to entertain such an application is ordinarily one of discretion (Matter of Bojinoff v. People, 299 N.Y. 145; People v. Martine, 303 N.Y. 789). Even when new or additional evidence is claimed to have been found, the decision whether or not to hold a hearing on the new application...

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