People v. Gaiss

Appellate Division of the Supreme Court of New York

People v. Gaiss

20 A.D.2d 715, 247 N.Y.S.2d 249, 1964 N.Y. App. Div. LEXIS 4450

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

DecidedFebruary 10, 1964

StatusPublished

This text of 20 A.D.2d 715 (People v. Gaiss) 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. Gaiss, 20 A.D.2d 715, 247 N.Y.S.2d 249, 1964 N.Y. App. Div. LEXIS 4450 (N.Y. Ct. App. 1964).

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Opinion

Appeal by defendant: (1) from a judgment of the County Court, Nassau County, rendered June 21, 1963 on her plea of guilty, convicting her of manslaughter in the second degree, and sentencing her to serve an indeterminate term of from 5 to 10 years; and (2) from an order of said court, made October 24, 1963 in a comm nobis proceeding, which denied without a hearing her application to vacate the said judgment of conviction. Judgment and order affirmed. In our opinion, under all the circumstances disclosed in the record, the sentence was not excessive. With respect to the coram nobis application, the defendant claims she understood that she would receive a suspended sentence upon her plea of guilty to manslaughter in the second degree. This claim is untenable in view of her admission that the District [716]*716Attorney made it clear that he would make no recommendation to the court as to the sentence to be imposed. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Appeal by defendant: (1) from a judgment of the County Court, Nassau County, rendered June 21, 1963 on her plea of guilty, convicting her of manslaughter in the second degree, and sentencing her to serve an indeterminate term of from 5 to 10 years; and (2) from an order of said court, made October 24, 1963 in a comm nobis proceeding, which denied without a hearing her application to vacate the said judgment of conviction. Judgment and order affirmed. In our opinion, under all the circumstances disclosed in the record, the sentence was not excessive. With respect to the coram nobis application, the defendant claims she understood that she would receive a suspended sentence upon her plea of guilty to manslaughter in the second degree. This claim is untenable in view of her admission that the District [716]*716Attorney made it clear that he would make no recommendation to the court as to the sentence to be imposed. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 715, 247 N.Y.S.2d 249, 1964 N.Y. App. Div. LEXIS 4450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaiss-nyappdiv-1964.