People v. Johnson
New York County Courts
1Opinion of the Court
Judge Burke,
in the majority opinion, stated that a writ of error coram nobis may not be invoked to show an error of law apparent on the face of the record. The defendant’s claim was reviewable upon an appeal from the judgment of conviction. "Where the alleged error is evident and does not affect the validity of the judgment of conviction, but only the validity of the sentence, coram nobis does not lie. Judge Burke further stated that to allow relief to the defendant by way of coram nobis, would be to disregard the purpose of the historic writ. It is an emergency measure enabling a defendant…
2Cases cited4 opinions
- People v. GersewitzNew York Court of Appeals · 1945
- Paterno v. LyonsSupreme Court of the United States · 1948
- People Ex Rel. Wachowicz v. MartinNew York Court of Appeals · 1944
- People v. KendricksNew York Court of Appeals · 1949
3Cited by2 opinions
- Hedgecock v. Oneida County Court, New York County Courts1959
- People v. FrecciaNew York Court of General Session of the Peace · 1961