PEOPLE v. ROBERTSON


12 N.Y.2d 355 (1963)

The People of the State of New York, Respondent, v. Irving Robertson, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1963.


Attorney(s) appearing for the Case

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

Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for respondent.

Judges FULD, BURKE and FOSTER concur with Chief Judge DESMOND; Judge DYE dissents in an opinion.


Chief Judge DESMOND.

This is a coram nobis case with a difference. Defendant has been denied relief although the fact on which he relies — that a police officer's important testimony at defendant's criminal trial was false — is now undisputed and has been decided in his favor after a coram nobis hearing. But a new trial was denied him on a finding by the County Judge that the false...

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