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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES RODEN, Appellant.

Order affirmed in the following memorandum: We agree with the trial court that coram nobis does not lie under the circumstances herein. We note, however, that we disagree with its conclusion that an unloaded gun is not a dangerous weapon within the meaning of subdivision 1 of section 2124 of the former Penal Law. Of course, to this extent we also disagree with the holding in People v. Ahmed ( 27 A.D.2d 729, revd. on other grounds 20 N.Y.2d 958).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

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PEOPLE v. RODEN
(Feb 15, 1968)