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PEOPLE v. WASHINGTON

38 A.D.2d 189 (1972)

The People of the State of New York, Appellant, v. Leon Washington, Respondent

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

January 24, 1972.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for appellant.

Patrick M. Wall for respondent.

LATHAM, J., concurs with SHAPIRO, J.; MARTUSCELLO, J., concurs in result; MUNDER, Acting P. J., dissents and votes to affirm the order, with an opinion, in which BRENNAN, J., concurs.

SHAPIRO, J.

In this case the Criminal Term, after a hearing, sustained the defendant's application for a writ of error coram nobis and set aside the judgment convicting him of the crime of murder in the first degree. On direct appeal the judgment had been affirmed by this court and by the Court of Appeals (People v. Washington, 32 A.D.2d 613, affd. 27 N.Y.2d 649

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