(Download) "People State New York v. Irving Robertson" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Irving Robertson
- Author : Court of Appeals of New York
- Release Date : January 04, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is a coram nobis case with a difference. Defendant has been denied relief although the fact on which he relies -- that a police officer's important testimony at defendant's criminal trial was false -- is now undisputed and has been decided in his favor after a coram nobis hearing. But a new trial was denied him on a finding by the County Judge that the false testimony given at the criminal trial was not perjurious (that is, mistaken but not intentionally false) and on further findings that the prosecutor was not aware of the falsity and that the untrue testimony was not material to the issue resolved at the criminal trial. Of course, these pronouncements of the coram nobis court were in a sense findings of fact. Essentially, however, they are policy determinations as to the reach of coram nobis, and they express a policy to which we cannot adhere. Defendant must be retried.
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