Summary
In People v. Middleton (14 A.D.2d 557) the court stated: "The claimed defects in the proceedings and in the testimony before the Felony Court and the Grand Jury afford no basis for relief by way of coram nobis."
Summary of this case from People v. CordelloOpinion
July 5, 1961
Appeal by defendant from an order of the County Court, Kings County, dated June 15, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered May 15, 1959, convicting him, on his plea of guilty, of robbery in the second degree, unarmed, and sentencing him to serve a term of 7 1/2 to 15 years. Order affirmed. The claimed defects in the proceedings and in the testimony before the Felony Court and the Grand Jury afford no basis for relief by way of coram nobis. (Cf. People ex rel. Hirschberg v. Close, 1 N.Y.2d 258, 260-261; People v. Neeley, 4 A.D.2d 1019; People v. Willett, 213 N.Y. 368, 375; People v. Manwaring, 3 A.D.2d 952.) The purely conclusory allegations in defendant's affidavits that he was coerced into pleading guilty and that he was deprived of the effective assistance of counsel, did not present any factual issue requiring a hearing (cf. People v. Smyth, 3 N.Y.2d 184, 187-188; People v. Brown, 7 N.Y.2d 359, 360). Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.