People v. Ashley

Appellate Division of the Supreme Court of New York

People v. Ashley

17 A.D.2d 832, 233 N.Y.S.2d 57, 1962 N.Y. App. Div. LEXIS 7843

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 9, 1962

StatusPublished

This text of 17 A.D.2d 832 (People v. Ashley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ashley, 17 A.D.2d 832, 233 N.Y.S.2d 57, 1962 N.Y. App. Div. LEXIS 7843 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a coram- nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated December 1, 1961, denying his application, without a hearing, to vacate a judgment of said court, rendered November 4, 1960, on his plea of guilty, convicting him of attempted forgery in the second degree, and imposing sentence (see People v. Ashley, 13 A D 2d 839). Order affirmed. The record contains no specific allegations of fact to support defendant’s claim that he pleaded guilty by reason of the fraud and trickery of a representative of the District Attorney. The record contains only the bare eonelusory allegation to this effect. Such a conelusory allegation is insufficient in law, without some supporting factual detail, to justify the granting of a hearing or any relief in a coram nobis proceeding. Beldoek, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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In a coram- nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated December 1, 1961, denying his application, without a hearing, to vacate a judgment of said court, rendered November 4, 1960, on his plea of guilty, convicting him of attempted forgery in the second degree, and imposing sentence (see People v. Ashley, 13 A D 2d 839). Order affirmed. The record contains no specific allegations of fact to support defendant’s claim that he pleaded guilty by reason of the fraud and trickery of a representative of the District Attorney. The record contains only the bare eonelusory allegation to this effect. Such a conelusory allegation is insufficient in law, without some supporting factual detail, to justify the granting of a hearing or any relief in a coram nobis proceeding. Beldoek, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

17 A.D.2d 832, 233 N.Y.S.2d 57, 1962 N.Y. App. Div. LEXIS 7843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ashley-nyappdiv-1962.