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PEOPLE v. NEALY

48 Misc.2d 328 (1965)

The People of the State of New York, Plaintiff, v. Eugene Nealy, Defendant.

Supreme Court, Criminal Term, Kings County.

October 28, 1965

Attorney(s) appearing for the Case

Anthony F. Marra and Gerard G. Betz for defendant. Aaron E. Koota, District Attorney (John Meglio of counsel), for plaintiff.

BENJAMIN BRENNER, J.

The record of the hearing conducted upon this application, in the nature of a writ of error coram nobis to dismiss a judgment of conviction, discloses no misconduct or negligence on the part of the attorney for the defendant, as claimed. The specific charge that the attorney informed the defendant that the latter's mere presence in the room where the fatal shots were fired was automatically and legally sufficient

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