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PEOPLE v. RAINEY

28 A.D.2d 712 (1967)

The People of the State of New York, Respondent, v. James Rainey, Appellant

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

June 19, 1967

The order under review is deemed one denying an application for coram nobis relief and is therefore appealable (People v. Machado, 17 N.Y.2d 440; People v. Rainey, 25 A.D.2d 657).

In our opinion, defendant has not met the burden of showing that the convictions in 1937 and 1946 in Illinois were unconstitutional. The Justice who heard this motion was not disqualified under section...

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