PEOPLE v. SMITH


34 A.D.2d 832 (1970)

The People of the State of New York, Respondent, v. Alvin Smith, Appellant

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

May 25, 1970


Judgment affirmed.

No opinion. Appeal from order of March 7, 1969 dismissed as academic. That order was superseded by the order of April 25, 1969. Order of April 25, 1969 affirmed insofar as it adhered to the determination in the order of March 7, 1969 denying the coram nobis application. In our opinion, the alleged mental incapacity of defendant's retained counsel at the times defendant pleaded guilty and was sentenced presented a question of fact; and the...

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