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PEOPLE v. ROSARIO

35 A.D.2d 713 (1970)

The People of the State of New York v. Luis Manuel Rosario

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

October 22, 1970

The conviction was affirmed by the Court of Appeals. (People v. Rosario, 9 N.Y.2d 286.) Thereafter, on May 4, 1961, the Governor of the State of New York commuted the sentence to life imprisonment. No appeal lies to this court from a denial of coram nobis where the "judgment is of death." Such appeal lies "only directly to the court of appeals" (Code Crim. Pro., § 517, subd. 3) upon the appellant obtaining "a certificate...

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