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PEOPLE v. BOOTH

17 N.Y.2d 681 (1966)

The People of the State of New York, Respondent, v. Joseph Booth, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1966.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Michael R. Stack and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Dissent: Judge FULD.

Order affirmed. In our opinion the trial court was correct in denying the writ of error coram nobis until petitioner's sanity is restored (see People v. Cossentino, 14 N.Y.2d 750).

Judge FULD dissents in the following memorandum: I do not believe that a defendant's mental condition disables him from seeking coram nobis relief. (Cf. Baxstrom v. Herold, 383 U.S. 107...

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