People v. Henderson

Appellate Division of the Supreme Court of New York

People v. Henderson

22 A.D.2d 759, 253 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 2912

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

DecidedOctober 29, 1964

StatusPublished

This text of 22 A.D.2d 759 (People v. Henderson) 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. Henderson, 22 A.D.2d 759, 253 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 2912 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order unanimously reversed and matter remitted to Monroe County Court for a hearing in accordance with the Memorandum. Memorandum: The coram nobis application of the defendant was denied without a hearing. His petition alleges that he was insane at the time of his plea of guilty to the reduced charge of manslaughter, first degree, and at the time of his sentence. The facts alleged in the petition are sufficient to require a hearing (People v. Passante, 15 A D 2d 631; People v. Boundy, 10 N Y 2d 518). Upon such hearing the scope and extent thereof should be considered by the court in the light of the further allegations in the petition and of our decision in People v. Buchanan (17 A D 2d 903). (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for manslaughter first degree, rendered April 23, 1959.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.

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Order unanimously reversed and matter remitted to Monroe County Court for a hearing in accordance with the Memorandum. Memorandum: The coram nobis application of the defendant was denied without a hearing. His petition alleges that he was insane at the time of his plea of guilty to the reduced charge of manslaughter, first degree, and at the time of his sentence. The facts alleged in the petition are sufficient to require a hearing (People v. Passante, 15 A D 2d 631; People v. Boundy, 10 N Y 2d 518). Upon such hearing the scope and extent thereof should be considered by the court in the light of the further allegations in the petition and of our decision in People v. Buchanan (17 A D 2d 903). (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for manslaughter first degree, rendered April 23, 1959.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.

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Bluebook (online)

22 A.D.2d 759, 253 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 2912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-henderson-nyappdiv-1964.