People v. Grier

Appellate Division of the Supreme Court of New York

People v. Grier

34 A.D.2d 830, 313 N.Y.S.2d 335, 1970 N.Y. App. Div. LEXIS 4717

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

DecidedMay 25, 1970

StatusPublished

This text of 34 A.D.2d 830 (People v. Grier) 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. Grier, 34 A.D.2d 830, 313 N.Y.S.2d 335, 1970 N.Y. App. Div. LEXIS 4717 (N.Y. Ct. App. 1970).

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Opinion

In a eoram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 6, 1967, which denied [831]*831the'application without a hearing. Order affirmed. The record clearly demonstrates that defendant’s claims are without factual support and that there is no reasonable probability at all that his averments are true (People v. Richetti, 302 N. Y. 290; People v. White, 309 N. Y. 636). Moreover, in our opinion, a promise of leniency by a police sergeant, claimed to have induced defendant’s guilty plea, is not a basis for nullifying the plea, absent proof that the prosecutor or his duly authorized representative or the court participated therein. Since no claim is made that such was the situation at bar, no hearing is indicated. Christ, P. J., Munder, Martuscello, Latham and Kleinfeld, JJ., concur.

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In a eoram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 6, 1967, which denied [831]*831the'application without a hearing. Order affirmed. The record clearly demonstrates that defendant’s claims are without factual support and that there is no reasonable probability at all that his averments are true (People v. Richetti, 302 N. Y. 290; People v. White, 309 N. Y. 636). Moreover, in our opinion, a promise of leniency by a police sergeant, claimed to have induced defendant’s guilty plea, is not a basis for nullifying the plea, absent proof that the prosecutor or his duly authorized representative or the court participated therein. Since no claim is made that such was the situation at bar, no hearing is indicated. Christ, P. J., Munder, Martuscello, Latham and Kleinfeld, JJ., concur.

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Bluebook (online)

34 A.D.2d 830, 313 N.Y.S.2d 335, 1970 N.Y. App. Div. LEXIS 4717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grier-nyappdiv-1970.

Opinion

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