PEOPLE v. WELSH


32 N.Y.2d 853 (1973)

The People of the State of New York, Appellant, v. Joseph E. Welsh, Respondent.

Court of Appeals of the State of New York.

Decided May 30, 1973.


Attorney(s) appearing for the Case

Arnold W. Proskin, District Attorney, for appellant.

Public Defender for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.


Order reversed and the order of the County Court reinstated in the following memorandum: In his application for a writ of error coram nobis, petitioner has failed to meet the requirements enunciated by this court in People v. Lynn (28 N.Y.2d 196) and, hence, is not entitled to a hearing pursuant to People v. Montgomery (24 N.Y.2d 130

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