PEOPLE v. COPPERSMITH


39 A.D.2d 947 (1972)

The People of the State of New York, Respondent, v. Martin Coppersmith, Appellant

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

June 12, 1972


Judgment affirmed.

Defendant claims he was not represented by counsel actually present at the time of pleading or sentence in 1942. The mere fact that the minutes of the 1942 change of plea to guilty and sentence are not available does not render it mandatory that the judgment be reversed. Defendant raised exactly the same claim in a 1955 coram nobis application which, after a hearing, was found to be without merit. That determination was justified by the proof...

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