People v. Fairfield

Appellate Division of the Supreme Court of New York

People v. Fairfield

16 A.D.2d 992, 229 N.Y.S.2d 158, 1962 N.Y. App. Div. LEXIS 9060

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

DecidedJune 21, 1962

StatusPublished

This text of 16 A.D.2d 992 (People v. Fairfield) 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. Fairfield, 16 A.D.2d 992, 229 N.Y.S.2d 158, 1962 N.Y. App. Div. LEXIS 9060 (N.Y. Ct. App. 1962).

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Opinion

Appeal by defendant from an order of the County Court of Saratoga County denying without a hearing his motion for a writ of error coram nobis vacating and setting aside a judgment convicting him on his plea of guilty of the crime of carnal abuse of a child in violation of section 483-a of the Penal Law. The claims advanced in appellant’s affidavit are: (1) that he was unlawfully arrested because the arresting officers had no warrant; (2) that there was an unreasonable delay in his arraignment before the Magistrate; (3) that the evidence before the Grand Jury was insufficient to warrant his indictment; (4) that he was not arrested until seven months after the father of the child had reported to the State Police the commission of the acts upon which the subsequent indictment was based and (5) that he possesses evidence which would impugn the infant’s credibility. None of the foregoing allegations is sufficient to invoke the writ applied for. (People v. Sullivan, 3 N Y 2d 196; People v. Wurzler, 278 App. Div. 608.) Other eonelusory statements imputing unfaithfulness to appellant’s assigned counsel and unfairness to the sentencing court are wholly without factual support in the record. It is apparent that defendant’s rights were carefully safeguarded in every stage of the proceedings. (People v. Neeley, 4 A D 2d 1019.) Order unanimously [993]*993affirmed, without, costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Appeal by defendant from an order of the County Court of Saratoga County denying without a hearing his motion for a writ of error coram nobis vacating and setting aside a judgment convicting him on his plea of guilty of the crime of carnal abuse of a child in violation of section 483-a of the Penal Law. The claims advanced in appellant’s affidavit are: (1) that he was unlawfully arrested because the arresting officers had no warrant; (2) that there was an unreasonable delay in his arraignment before the Magistrate; (3) that the evidence before the Grand Jury was insufficient to warrant his indictment; (4) that he was not arrested until seven months after the father of the child had reported to the State Police the commission of the acts upon which the subsequent indictment was based and (5) that he possesses evidence which would impugn the infant’s credibility. None of the foregoing allegations is sufficient to invoke the writ applied for. (People v. Sullivan, 3 N Y 2d 196; People v. Wurzler, 278 App. Div. 608.) Other eonelusory statements imputing unfaithfulness to appellant’s assigned counsel and unfairness to the sentencing court are wholly without factual support in the record. It is apparent that defendant’s rights were carefully safeguarded in every stage of the proceedings. (People v. Neeley, 4 A D 2d 1019.) Order unanimously [993]*993affirmed, without, costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

16 A.D.2d 992, 229 N.Y.S.2d 158, 1962 N.Y. App. Div. LEXIS 9060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fairfield-nyappdiv-1962.

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