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PEOPLE v. SALEMI

Court of Appeals of the State of New York.
Mar 11, 1955

Order affirmed, upon the ground that coram nobis does not lie. This determination is made without prejudice to an application for a new trial in respect to the dying declaration. No opinion.

Concur: CONWAY, Ch. J., DYE, FULD, FROESSEL and BURKE, JJ. DESMOND and VAN VOORHIS, JJ., dissent upon the ground that they are of the opinion that coram nobis should lie under these circumstances in a capital case.