Opinion
November 29, 1949.
Appeal from Washington County Court.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
Appellant was indicted by the Grand Jury of Dutchess County for the crimes of robbery, first degree, and criminally receiving stolen goods. He pleaded guilty to the crime of robbery, second degree, and was sentenced by the Dutchess County Court for a term of one to two years, with an additional term of five to ten years for committing the crime while armed with a dangerous weapon. He seeks release on the grounds that his plea of guilty was not made personally but by his attorney and that no inquiry was made to establish that he was armed at the time of the robbery. The first ground does not avail him. ( People v. Sadness, 275 App. Div. 260, revd. 300 N.Y. 69.) The second ground is not supported by the record. The Dutchess County Court had jurisdiction of the crime and of the person of the appellant. The judgment of that court cannot be challenged by habeas corpus. The appellant's remedy was by appeal or by coram nobis. He did not appeal and his writ of coram nobis was dismissed after a hearing by the Dutchess County Court. Order affirmed, without costs.