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People v. Hebert

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1963
19 A.D.2d 563 (N.Y. App. Div. 1963)

Opinion

May 7, 1963

Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.


Appeal from an order of the County Court, Clinton County which denied a writ of error coram nobis. The application for this writ of coram nobis was made October 11, 1960. The papers purport to show that defendant's counsel represented that promises of leniency were made by the sentencing Judge before defendant pleaded guilty. This is not enough to warrant a hearing. The brief filed by appellant in this court states that he personally had been promised by the District Attorney a shorter sentence if he made restitution and pleaded guilty. The record before us does not sustain this assertion in the brief. Nowhere do we find any affidavit by defendant that the District Attorney made such a promise or statement to him personally. Order unanimously affirmed, without prejudice to a further application to the County Court if appellant is so advised.


Summaries of

People v. Hebert

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1963
19 A.D.2d 563 (N.Y. App. Div. 1963)
Case details for

People v. Hebert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEAN PAUL HEBERT…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1963

Citations

19 A.D.2d 563 (N.Y. App. Div. 1963)