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PEOPLE v. WILLIAMS

37 A.D.2d 353 (1971)

The People of the State of New York, Respondent, v. Alphonso Williams, Appellant

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

October 28, 1971.

Attorney(s) appearing for the Case

Nathaniel A. Barrell (Douglas S. Cream of counsel), for appellant.

Michael F. Dillon, District Attorney (William H. Dillon of counsel), for respondent.

MOULE and HENRY, JJ., concur with DEL VECCHIO, J. P.; CARDAMONE, J., dissents and votes to reverse the order and grant a hearing in an opinion in which MARSH, J., concurs.

DEL VECCHIO, J. P.

The sole question presented is whether defendant is entitled to a coram nobis hearing upon a petition filed in 1970 alleging that he was not advised of his right to appeal from a judgment of conviction entered in 1959, notwithstanding this allegation is refuted by his own affidavit signed in 1962, by his subsequent statement signed in 1965 and by affidavit of one of his attorneys stating that defendant was advised of his right...

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