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People v. Cooper

The People of the State of New York v. Calman Cooper, Nathan Wissner and Harry A. Stein

People v. Cooper, 118 N.E.2d 918 (N.Y. 1954)
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Court
New York Court of Appeals · State Highest Courts
Decided
March 12, 1954
Citations
118 N.E.2d 918306 N.Y. 8671954 N.Y. LEXIS 1190
Cited by 7

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Upon the papers before us, the County Court should have held a hearing upon defendants’ application for an order in the nature of a writ of error coram nobis to determine whether defendants’ right to counsel and a fair trial was interfered with and impaired. (See, e.g., Matter of Fusco v. Moses, 304 N. Y. 424 ; Coplon v. United States, 191 F. 2d 749 , certiorari denied 342 U. S. 926 .) Accordingly, the County Court is directed to hold a hearing with respect to defendants’ specification that they were deprived of their right to counsel. Decision upon reargument of the appeal is withheld pending such hearing. (Cf. People v. Shilitano, 215 N. Y. 715 ; People v. Arata, 254 N. Y. 565 ; People v. Durling, 303 N. Y. 382 .)

Determination of appeal on reargument withheld and matter of the application for a writ of error coram nobis remitted to the County Court, Westchester County, for proceedings in accordance with tMs opinion.

*869 Appeal taken as of right from the order of the County Court, Westchester County, denying defendants’ motion for a writ of error coram nobis dismissed.

Lewis, Ch. J., Conway, Desmond, Fuld and Froessel, JJ., concur; Dye and Van Voorhis, JJ., dissent and vote to affirm the judgment of conviction upon the ground that the allegations in the petition are insufficient to justify the granting of a writ of error coram nobis.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1954: 21955: 41961: 119542026peak 1955 · 4

Relies on it most ⓘ

  1. Cooper v. Denno129 F. Supp. 123 (S.D.N.Y. 1955)
  2. People v. Cooper120 N.E.2d 813 (N.Y. 1954)
  3. People v. Cooper123 N.E.2d 567 (N.Y. 1954)
  4. People v. Cooper125 N.E.2d 117 (N.Y. 1955)
  5. People v. Cooper127 N.E.2d 76 (N.Y. 1955)
  6. People v. Cooper127 N.E.2d 862 (N.Y. 1955)

Most recent

  1. People v. Rice14 A.D.2d 831 (1961)
  2. People v. Cooper127 N.E.2d 862 (N.Y. 1955)
  3. People v. Cooper127 N.E.2d 76 (N.Y. 1955)
  4. People v. Cooper125 N.E.2d 117 (N.Y. 1955)
  5. Cooper v. Denno129 F. Supp. 123 (S.D.N.Y. 1955)
  6. People v. Cooper123 N.E.2d 567 (N.Y. 1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Coplon v. United States (Two Cases), 191 F.2d 749 (D.C. Cir. 1951) 174
Fusco v. Moses, 107 N.E.2d 581 (N.Y. 1952) 31
People v. Durling, 103 N.E.2d 336 (N.Y. 1952) 14
People v. Arata, 173 N.E. 868 (N.Y. 1930) 11
People v. Shilitano, 109 N.E. 500 (N.Y. 1915) 7

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