PEOPLE v. MAZZELLA


30 A.D.2d 681 (1968)

The People of the State of New York, Respondent, v. August Frank Mazzella, Appellant

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

June 10, 1968


Affirmed.

On the day when the hearing on defendant's first coram nobis motion was to be held, defendant's counsel, in open court and in the presence of defendant, withdrew the allegations as to the prosecutor's willful use of perjured testimony, stating that he had no faith in the allegations. The second coram nobis application (now under review) was made on the same grounds as the first. In our opinion, the County Court did not err in denying the second...

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