Opinion
December 4, 1961
Appeals by defendant from orders of the County Court, Queens County, dated respectively January 31, 1961 and March 15, 1961, denying, without a hearing, his coram nobis applications to vacate a judgment of said court rendered February 20, 1956, on his plea of guilty, convicting him of robbery in the third degree, armed, and sentencing him to serve a term of 6 to 20 years. Under an indictment charging robbery in the first degree while armed with a pistol, and other crimes, defendant pleaded guilty of, "Robbery in the Third Degree, Armed," in satisfaction of the entire indictment. He was sentenced to a prison term of 1 to 10 years for robbery in the third degree; and, under section 1944 of the Penal Law, he was sentenced to an additional consecutive term of 5 to 10 years, for being armed. Defendant contends that the additional punishment was unauthorized and in violation of due process, and that a hearing should be held on his coram nobis applications to vacate the sentence. Orders affirmed. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.