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PEOPLE v. BENNETT

35 A.D.2d 1000 (1970)

The People of the State of New York, Respondent, v. Benjamin Bennett, Appellant

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

December 28, 1970

Contrary to appellant's contention, a coram nobis hearing held pursuant to People v. Montgomery (24 N.Y.2d 130) and People v. Callaway (24 N.Y.2d 127) is for the limited purpose of determining whether the defendant was entitled to be resentenced nunc pro tunc so that his time to appeal would run anew. At such resentencing the defendant cannot attack the trial court's prior...

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