People v. Noia

—Appeal from an order of the County Court, Kings County, granting, after a hearing, respondent’s application to vacate a judgment of said court, rendered March 2, 1942, convicting him of murder in the first degree, with a recommendation of leniency. The application was made on the ground that respondent’s conviction was procured in violation of the due process clause of the United States Constitution. Order reversed on the law, and motion denied. The findings of fact below are affirmed. It was error to vacate the judgment. The respondent’s contentions with respect to the illegality of his…