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PEOPLE v. DERRICK

15 N.Y.2d 816 (1965)

The People of the State of New York, Appellant, v. Clyde L. Derrick, Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Stephen Smyk, District Attorney (Herbert A. Kline of counsel), for appellant.

John A. Murray for respondent.

Concur: Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND dissents in the following opinion.

Order of Appellate Division reversed and that of the County Court, Broome County, reinstated. No issues of fact are presented warranting a hearing, since petitioner's allegations of fact, even if proven, would not be grounds for coram nobis relief (People v. Vellucci, 13 N.Y.2d 665; People v. Scott, 10 N.Y.2d 380; People v. White, 309 N.Y. 636

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