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PEOPLE v. DeBIASO

8 Misc.3d 454 (2005)

795 N.Y.S.2d 880

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHESTER L. DeBIASO, Defendant.

County Court, Niagara County.

May 17, 2005.

Attorney(s) appearing for the Case

Chester L. DeBiaso, defendant pro se.

Matthew J. Murphy, III, District Attorney (Thomas H. Brandt of counsel), for plaintiff.

OPINION OF THE COURT

PETER L. BRODERICK, J.

The defendant has made a motion pursuant to section 440.10 (1) (b), (c), (d), (f) and (h) of the Criminal Procedure Law seeking to have a prior conviction and sentence from 2003 vacated.

Coram nobis, or a CPL article 440 motion, is a motion of last resort. It is a failsafe mechanism devised by the law to enable a defendant to have (if he can convince a judge...

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