People v. Fisher

Appellate Division of the Supreme Court of New York

People v. Fisher

37 A.D.2d 632, 323 N.Y.S.2d 677, 1971 N.Y. App. Div. LEXIS 3646

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

DecidedJune 28, 1971

StatusPublished

This text of 37 A.D.2d 632 (People v. Fisher) 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. Fisher, 37 A.D.2d 632, 323 N.Y.S.2d 677, 1971 N.Y. App. Div. LEXIS 3646 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated November 5, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent of directing a hearing to be held in the County Court and a new determination to be there made. Defendant’s claim that he was coerced into making the guilty plea and that, in effect, he had grounds for appeal in that the sentence was excessive, since he was promised 30 months and given a maximum of 5 years, presents an issue for a hearing under People v. Saunders, (35 A D 2d 591, affd. 28 N Y 2d 196). Rabin, P. J., Hopkins, Munder Martuscello and Brennan, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated November 5, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent of directing a hearing to be held in the County Court and a new determination to be there made. Defendant’s claim that he was coerced into making the guilty plea and that, in effect, he had grounds for appeal in that the sentence was excessive, since he was promised 30 months and given a maximum of 5 years, presents an issue for a hearing under People v. Saunders, (35 A D 2d 591, affd. 28 N Y 2d 196). Rabin, P. J., Hopkins, Munder Martuscello and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 632, 323 N.Y.S.2d 677, 1971 N.Y. App. Div. LEXIS 3646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fisher-nyappdiv-1971.