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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARDO SALEMI, Appellant.

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.

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PEOPLE v. SALEMI
(Mar 11, 1955)