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PEOPLE v. BATTLE

15 N.Y.2d 669 (1964)

The People of the State of New York, Respondent, v. Herbert Battle, Appellant.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Eric A. Seiff and H. Richard Uviller of counsel), for respondent.

Concur: Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Dissent: Chief Judge DESMOND. Taking no part: Judge FULD.

Order affirmed.

Chief Judge DESMOND dissents and votes to reverse and grant a hearing on this coram nobis petition, in the following memorandum: These unusual and undisputed facts make it at the very least a triable question of fact (to which a negative answer seems inevitable) as to whether defendant, youthful, ignorant and without counsel, had any real understanding as to his rights when he waived immunity...

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