People v. Jordan

Appellate Division of the Supreme Court of New York

People v. Jordan

283 A.D. 759, 128 N.Y.S.2d 111, 1954 N.Y. App. Div. LEXIS 5166

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

DecidedFebruary 26, 1954

StatusPublished

Cited by3 cases

This text of 283 A.D. 759 (People v. Jordan) 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. Jordan, 283 A.D. 759, 128 N.Y.S.2d 111, 1954 N.Y. App. Div. LEXIS 5166 (N.Y. Ct. App. 1954).

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Opinion

Appeal from an order of the Tompkins County Court. In this coram nobis proceeding appellant swears that a representative of the Tompkins County District Attorney’s Office promised him that if he would plead guilty to burglary in the second degree on May 12, 1943, he would receive a suspended sentence; that he acted on the promise but was sentenced to Elmira Reformatory. He was then seventeen years old. The District Attorney in office at that time has filed an affidavit in which he swears that he made no such promise and that there was no assistant district attorney. The issue of fact thus raised requires a trial. (People v. Bichetti, 302 N. Y. 290, 294.) Order dismissing petition reversed, on the law, and a new trial directed. Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ., concur.

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Appeal from an order of the Tompkins County Court. In this coram nobis proceeding appellant swears that a representative of the Tompkins County District Attorney’s Office promised him that if he would plead guilty to burglary in the second degree on May 12, 1943, he would receive a suspended sentence; that he acted on the promise but was sentenced to Elmira Reformatory. He was then seventeen years old. The District Attorney in office at that time has filed an affidavit in which he swears that he made no such promise and that there was no assistant district attorney. The issue of fact thus raised requires a trial. (People v. Bichetti, 302 N. Y. 290, 294.) Order dismissing petition reversed, on the law, and a new trial directed. Foster, P. J., Bergan, Coon, Halpem and Imrie, JJ., concur.

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Bluebook (online)

283 A.D. 759, 128 N.Y.S.2d 111, 1954 N.Y. App. Div. LEXIS 5166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jordan-nyappdiv-1954.

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