Legal Opinion
People v. Rodriguez
New York Court of General Session of the Peace
Decided October 16, 1958PublishedCited by 17 opinions
1Opinion of the CourtThomas Dickens, J.
Defendant’s charge underscoring this motion in coram nobis designed to nullify the judgment of conviction herein, is that the District Attorney had used perjured testimony to attain this conviction in 1947, although he had had knowledge of the existence of the perjury.
Such alleged charge of misfeasance or malconduct, if established, will command the granting of the relief. (People v. Wurzler, 280 App. Div. 1020; Matter of Meisel, 133 N. Y. S. 2d 534; People v. Klein, 6 Misc 2d 289, affd. 4 AD 2d 755.)
Assuming, arguendo, the affirmative of this charge, that is, that perjury had pervaded the…
2Cases cited18 opinions
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- People v. TavorminaNew York Court of Appeals · 1931
- City of Buffalo v. NeubeckAppellate Division of the Supreme Court of the State of New York · 1924
- McDonald v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1948
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dickerson v. StateCourt of Criminal Appeals of Alabama · 1982
- People v. VlastoCriminal Court of the City of New York · 1974
- People v. EdwardsNew York Court of General Session of the Peace · 1959
- People v. ElfeNew York Court of General Session of the Peace · 1962
- State v. SharpCourt of Criminal Appeals of Alabama · 2003
12 more not listed; retrieve them via the Exa API.