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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER MAZZELLA, Appellant.

Order affirmed. While a denial of coram nobis relief is not res judicata as to a subsequent petition on the same grounds, the question whether to entertain such an application is ordinarily one of discretion ( Matter of Bojinoff v. People, 299 N.Y. 145; People v. Martine, 303 N.Y. 789). Even when new or additional evidence is claimed to have been found, the decision whether or not to hold a hearing on the new application is an exercise of judicial discretion ( People v. Sullivan, 4 N.Y.2d 472). In the present instance there was no abuse of this discretion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

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PEOPLE v. MAZZELLA
(Nov 21, 1963)