(DOWNLOAD) "People State New York v. Louis Girardi" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Louis Girardi
- Author : Supreme Court of New York
- Release Date : January 18, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The County Judge, who presided at the trial and who granted the application to the extent of directing a hearing, found and
decided that appellant "was not deprived of a fair trial and that none of his statutory and constitutional rights were violated."
We shall assume that appellant was entitled to reasonably competent counsel. He was not entitled to infallible counsel (People
v. De Bernardo, 199 Misc. 563, 569, mod. on other grounds 282 App. Div. 920; People v. Codarre, 285 App. Div. 1087; United
States v. Ragen, 166 F. 2d 976, 980-981). We shall assume further that appellant may base his motion on the alleged misconduct
of his retained counsel in failing to notify appellant that he represented the witness and on the alleged errors in cross-examination
(see, e.g., Hayman v. United States, 187 F. 2d 456, mod. on other grounds, 342 U.S. 205; 205 F. 2d 891, cert. denied 346 U.S.
860). On an application in the nature of a writ of error coram nobis to vacate a judgment of conviction, the applicant has
the burden of proof to show that his constitutional and statutory rights were infringed (People v. Oddo, 283 App. Div. 497;
People v. Barber, 276 App. Div. 1040). The alleged derelictions of trial counsel in failing to elicit specified information
on cross-examination must be considered with regard to the admissibility of the evidence (see, e.g., Losieau v. United States,
177 F. 2d 919, 922). Upon this record, a finding is warranted that the attorney's actions were not such as to deprive appellant
of fundamental rights or of effective representation (see, e.g. People v. Codarre, supra ; Hayman v. United States, 205 F.
2d 891, supra). Disposition Order affirmed.
 "People State New York v. Louis Girardi" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}