PEOPLE v. WALLACE


34 A.D.2d 168 (1970)

The People of the State of New York, Respondent, v. Matthew Wallace, Jr., Appellant

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

May 11, 1970.


Attorney(s) appearing for the Case

Maurice S. Baruch for appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

CHRIST, P. J., RABIN, HOPKINS and MUNDER, JJ., concur.


LATHAM, J.

In March, 1947, the appellant and his codefendant, Jauvhan Jackson, were tried jointly and convicted of murder in the first degree. Jackson was sentenced to death and subsequently electrocuted. The appellant, because of the jury's recommendation of mercy as to him, was sentenced to life imprisonment.

In support of his coram nobis application, now under review, the appellant has contended that his constitutional right of

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