23 A.D.2d 683 | N.Y. App. Div. | 1965
In a coram nobis proceeding, the defendant appeals from an order of the County Court, Nassau County, entered June 25, 1964, which denied without a hearing his application to vacate a judgment of said court, rendered March 5, 1954 after a jury trial, convicting him of murder in the second degree, and imposing sentence upon him. Order reversed on the law and the facts, and application remitted to the County Court, Nassau County, for a hearing and for further proceedings not inconsistent herewith. After defendant’s conviction, his attorneys duly filed and served a notice of appeal. However, on motion of the District Attorney, upon notice to defendant’s attorneys who thereafiter defaulted, such appeal was dismissed by this «court on September 24, 1954 for lack of prosecution. The