People v. Bagley

Appellate Division of the Supreme Court of New York

People v. Bagley

18 A.D.2d 811, 1963 N.Y. App. Div. LEXIS 5021

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

DecidedJanuary 7, 1963

StatusPublished

This text of 18 A.D.2d 811 (People v. Bagley) 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. Bagley, 18 A.D.2d 811, 1963 N.Y. App. Div. LEXIS 5021 (N.Y. Ct. App. 1963).

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Opinion

In a eoram nobis proceeding, defendant appeals from an order of the former County Court, Queens County, dated December 9, 1960, made after a hearing, which denied his application to vacate a judgment of said court rendered January 20, 1960 on his plea of guilty, convicting him of attempted assault in the second degree and sentencing him, as a prior felony offender, to serve a term of two and one-half to five years, such term to be served consecutively to two prior sentences he was then serving. The petition alleged that defendant was given a promise by the Assistant District Attorney of Queens County and by the Judge presiding that if he pleaded guilty he would be given [812]*812“immunity”. At the hearing, defendant modified this allegation, withdrawing his assertions that the Judge had made a promise, and stating that the promise was not “ immunity ” but that he would receive a sentence to be served concurrently with said prior sentences. Order affirmed. No opinion. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In a eoram nobis proceeding, defendant appeals from an order of the former County Court, Queens County, dated December 9, 1960, made after a hearing, which denied his application to vacate a judgment of said court rendered January 20, 1960 on his plea of guilty, convicting him of attempted assault in the second degree and sentencing him, as a prior felony offender, to serve a term of two and one-half to five years, such term to be served consecutively to two prior sentences he was then serving. The petition alleged that defendant was given a promise by the Assistant District Attorney of Queens County and by the Judge presiding that if he pleaded guilty he would be given [812]*812“immunity”. At the hearing, defendant modified this allegation, withdrawing his assertions that the Judge had made a promise, and stating that the promise was not “ immunity ” but that he would receive a sentence to be served concurrently with said prior sentences. Order affirmed. No opinion. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 811, 1963 N.Y. App. Div. LEXIS 5021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bagley-nyappdiv-1963.