People v. Hatzis

Defendant has taken an appeal as of right from an order of the Appellate Division, Second Department, affirming an order of the Kings County Court which denied his motion — in the nature of coram nobis — to vacate a 1936 judgment convicting him of burglary in the second degree. The District Attorney has moved to dismiss the appeal; he claims that such an order is not appealable without a certification by a justice of the Appellate Division or a judge of the Court of Appeals, pursuant to subdivision 3 of section 520 of the Code of Criminal Procedure, that a question of law is involved which…