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PEOPLE v. SMITH

22 A.D.2d 333 (1965)

The People of the State of New York, Respondent, v. Robert Thomas Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 15, 1965.

Attorney(s) appearing for the Case

Leo J. Fallon for appellant.

Michael F. Dillon, District Attorney (Barbara M. Sims of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, HENRY and NOONAN, JJ., concur.

Per Curiam.

This is an appeal from a denial of an application for coram nobis, without a hearing. The defendant was convicted of assault in the second degree with intent to commit a felony to wit: sodomy. Thereafter and on February 13, 1952 a sentence of from one day to life was imposed and the defendant has since been confined in Attica State Prison. Prior to sentence and pursuant to section 2189-a of the Penal Law a psychiatric examination

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