People v. Codarre

In pursuance of the 1961 decision of this court (10 N Y 2d 361) remitting the defendant’s coram nobis application to the County Court, a trial of the issues raised in the *372proceeding has been held. The County Court has dismissed the petition on the merits and the Appellate Division has affirmed.

Although the defendant was only 13 years old in 1943 when he was indicted for murder in the first degree, the indictment was valid as the law then stood and at the end of the People’s case the proof was such that the court would have been required to send the case to the jury on the murder first degree…