Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal from an order of the Warren County Court denying petitioner's writ of error coram nobis after a hearing. Petitioner plead guilty to the crime of first degree rape on May 27, 1957 and was sentenced to an indeterminate term of from 10 to 20 years. Petitioner claims he was "coerced" into pleading guilty by his court-appointed counsel who purportedly told him that he would not have to serve over six years if he plead guilty. At a hearing held to determine the propriety of petitioner's contention the court-appointed attorney denied telling petitioner he would not have to serve more than six years, but stated he did tell him that if he were to plead guilty and were sentenced to from 10 to 20 years he could possibly get out in a little over six years counting his time already served and allowing time off for good behavior and that if he stood trial and were found guilty by the jury he could receive a sentence of from one day to life. We see nothing wrong in this statement nor was the County Court compelled to accept petitioner's version of what transpired. Petitioner was accorded a full and complete hearing and on the basis of the record before us we see no reason to disturb the decision of the court below. Order unanimously affirmed, without costs.