102 A.D.2d 948 | N.Y. App. Div. | 1984
— Appeals (1) by permission, from an order of the County Court of Franklin County (Plumadore, J.), entered July 11,1983, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of stolen property in the second degree, without a hearing, and (2) from a judgment of said court, rendered May 23,
. Although these cases discussed relief under the old writ of coram nobis, we recognize that a motion to vacate a judgment under CPL 440.10 is the statutory continuation of common-law coram nobis (see, e.g., 6 Zett, NY Crim Prac, par 50.3) and that the case law developed concerning coram nobis relief generally should apply to CPL 440.10 motions (ibid.).
. There being no evidence that defendant participated in the larceny of the handgun, the corroboration requirement of subdivision 1 of section 165.65 of the Penal Law would be inapplicable.