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People v. Coger

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1950
277 App. Div. 786 (N.Y. App. Div. 1950)

Opinion

May 15, 1950.


Order of the County Court, Queens County, denying a motion coram nobis, to vacate a judgment of that court which convicted appellant, on his plea of guilty, of the crimes of burglary, third degree, and petit larceny, affirmed. The bald assertion by appellant, convicted in 1928, that he was not advised as to his constitutional rights, first advanced more than eighteen years after his conviction, when the stenographic transcripts of the proceedings upon his arraignment and sentence were no longer available, is insufficient to rebut the presumption of regularity attending such judgment, particularly in view of the proof submitted that it was the invariable custom of the County Judge then presiding to advise defendants as to their right to be represented by counsel. (Cf. People v. Richetti, 276 App. Div. 109 1, and Foster v. Illinois, 332 U.S. 134.) Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.


Summaries of

People v. Coger

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1950
277 App. Div. 786 (N.Y. App. Div. 1950)
Case details for

People v. Coger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY COGER, Appellant

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

Date published: May 15, 1950

Citations

277 App. Div. 786 (N.Y. App. Div. 1950)