People v. Hines

Appellate Division of the Supreme Court of New York

People v. Hines

18 A.D.2d 1016, 238 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 4140

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

DecidedMarch 18, 1963

StatusPublished

This text of 18 A.D.2d 1016 (People v. Hines) 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. Hines, 18 A.D.2d 1016, 238 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 4140 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the former County Court, Kjngs County, dated July 17, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered July 9, 1959 on his plea of guilty, convicting him of rape in the first degree, and imposing sentence. (¡)rder reversed on the law and the facts, and proceeding remitted to the court below for the purpose of holding a hearing, taking proof on the issue of defendant’s sanity at the time of his plea and sentence, and making a determination on the basis of all the proof adduced. The defendant’s claim that he was inbane when he pleaded guilty and when he was sentenced, supported by some evidence of the fact, requires a hearing (People v. Sprague, 11 N Y 2d 951; People v. Boundy, 10 N Y 2d 518; People v. [1017]*1017Jones, 17 A D 2d 970). Ughetta, Acting P. J., Kleinfeld, Brenn'an, Rabin and HopMns, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the former County Court, Kjngs County, dated July 17, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered July 9, 1959 on his plea of guilty, convicting him of rape in the first degree, and imposing sentence. (¡)rder reversed on the law and the facts, and proceeding remitted to the court below for the purpose of holding a hearing, taking proof on the issue of defendant’s sanity at the time of his plea and sentence, and making a determination on the basis of all the proof adduced. The defendant’s claim that he was inbane when he pleaded guilty and when he was sentenced, supported by some evidence of the fact, requires a hearing (People v. Sprague, 11 N Y 2d 951; People v. Boundy, 10 N Y 2d 518; People v. [1017]*1017Jones, 17 A D 2d 970). Ughetta, Acting P. J., Kleinfeld, Brenn'an, Rabin and HopMns, JJ., concur.

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Bluebook (online)

18 A.D.2d 1016, 238 N.Y.S.2d 1022, 1963 N.Y. App. Div. LEXIS 4140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hines-nyappdiv-1963.