People v. Dalton

Hazleton, Acting County Judge.

This is an application for an order in the nature of a writ of error coram nobis, in which the present intermediate relief sought for is an order directing the delivery of the defendant-petitioner so that he may testify in his own behalf.

The Appellate Division of our First Department, in a Per Curiam opinion (People v. Oddo, 283 App. Div. 497, 499), emphasizes where rests the burden of proof upon the application for the hearing, and who must carry the burden upon the hearing itself in this language: ‘ ‘ In the absence of such affirmative proof,, the court granted…