Summary
In People v. Lensky (1 A.D.2d 831), the court affirmed the order of the County Court denying defendant's motion, and stated that in that case it was within the province of the County Judge to refuse to credit the testimony of the defendant, even though it was not directly contradicted.
Summary of this case from People v. MeansOpinion
February 6, 1956
Appeal from an order of the County Court, Kings County, denying, after a hearing, a motion in the nature of a writ of error coram nobis to vacate a judgment of that court convicting appellant, on his plea of guilty, of the crime of burglary, third degree. Order affirmed. It was within the province of the County Judge to refuse to credit testimony, even though it was not directly contradicted, that appellant had been induced to enter his plea of guilty on a promise of leniency by the County Judge then presiding, which promise was not adhered to on sentence. Nolan, P.J., Wenzel, Beldock, Murphy and Hallinan, JJ., concur.