From Casetext: Smarter Legal Research

People v. McCabe

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1961
13 A.D.2d 784 (N.Y. App. Div. 1961)

Opinion

May 1, 1961


Appeal by defendant from an order of the County Court, Kings County, dated June 8, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered August 8, 1956, convicting him, on his plea of guilty, of robbery in the second degree and sentencing him, as a second felony offender, to serve a term of 7 1/2 to 15 years. The application was made on the grounds: (1) that at the time of the plea and sentence he was in such a state of insanity as to be incapable of understanding the proceedings; (2) that he was not accorded the benefit of the allocation required by section 480 of the Code of Criminal Procedure; and (3) that the sentence of the court was more severe than had been allegedly promised by the prosecutor, although the court allegedly had knowledge of the claimed promise. Order affirmed. No opinion. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.


Summaries of

People v. McCabe

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1961
13 A.D.2d 784 (N.Y. App. Div. 1961)
Case details for

People v. McCabe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR McCABE…

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

Date published: May 1, 1961

Citations

13 A.D.2d 784 (N.Y. App. Div. 1961)