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PEOPLE v. RODEN

21 N.Y.2d 810 (1968)

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

Court of Appeals of the State of New York.

Decided February 15, 1968.

Attorney(s) appearing for the Case

Joel A. Brenner and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Peter R. De Filippi and Daniel J. Sullivan of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order affirmed in the following memorandum: We agree with the trial court that coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed (27 A.D.2d 729, revd. on other grounds...

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