People v. Carcuro

Appellate Division of the Supreme Court of New York

People v. Carcuro

38 A.D.2d 609, 326 N.Y.S.2d 290, 1971 N.Y. App. Div. LEXIS 2881

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1971·Published·Cited by 1 cases

Opinion

Appeal from an order, as amended, of the County Court, Schenectady County, entered September 7, 1971, denying, without a hearing, a motion for a writ of error coram nobis to vacate a judgment convicting appellant of grand larceny in the first degree upon a plea of guilty. Appellant has shown no basis for an appeal, and allegations that he was not advised of his right to appeal standing alone are not sufficient to require a hearing. (People v. Saunders, 28 N Y 2d 196; People v. Ali, 35 A D 2d 435.) We find no merit in his additional contentions and, accordingly, the order was properly denied. Order affirmed. Herlihy, P. J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.

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Appeal from an order, as amended, of the County Court, Schenectady County, entered September 7, 1971, denying, without a hearing, a motion for a writ of error coram nobis to vacate a judgment convicting appellant of grand larceny in the first degree upon a plea of guilty. Appellant has shown no basis for an appeal, and allegations that he was not advised of his right to appeal standing alone are not sufficient to require a hearing. (People v. Saunders, 28 N Y 2d 196; People v. Ali, 35 A D 2d 435.) We find no merit in his additional contentions and, accordingly, the order was properly denied. Order affirmed. Herlihy, P. J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.

People v. Carcuro, 38 A.D.2d 609, 326 N.Y.S.2d 290, 1971 N.Y. App. Div. LEXIS 2881 (N.Y. Ct. App. 1971).

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