People v. Landin

Appellate Division of the Supreme Court of New York

People v. Landin

31 A.D.2d 944, 298 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 4455

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

DecidedMarch 10, 1969

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 944 (People v. Landin) 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. Landin, 31 A.D.2d 944, 298 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 4455 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendant from an order of the County Court, Suffolk County, dated July 26, 1968, which, without a hearing, denied his coram nobis application to vacate a judgment rendered March 3, 1965, convicting him of manslaughter in the first degree on his plea of guilty. Order affirmed. Defendant’s motion was based on the claim that his plea of guilty should not have been accepted without an interrogation by the court into the facts showing his guilt and that his motion, prior to sentence, to withdraw his plea should have been granted. In our opinion, coram nobis was not available as a remedy to raise those contentions, as they were reviewable on appeal from the judgment of conviction (cf. People v. Brown, 13 N Y 2d 201, 204). We have, however, examined defendant’s arguments and find them without merit (cf. People v. Nixon, 21 N Y 2d 338, 353, 355; People v. Sparaco, 14 N Y 2d 786). Christ, Acting P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Appeal by defendant from an order of the County Court, Suffolk County, dated July 26, 1968, which, without a hearing, denied his coram nobis application to vacate a judgment rendered March 3, 1965, convicting him of manslaughter in the first degree on his plea of guilty. Order affirmed. Defendant’s motion was based on the claim that his plea of guilty should not have been accepted without an interrogation by the court into the facts showing his guilt and that his motion, prior to sentence, to withdraw his plea should have been granted. In our opinion, coram nobis was not available as a remedy to raise those contentions, as they were reviewable on appeal from the judgment of conviction (cf. People v. Brown, 13 N Y 2d 201, 204). We have, however, examined defendant’s arguments and find them without merit (cf. People v. Nixon, 21 N Y 2d 338, 353, 355; People v. Sparaco, 14 N Y 2d 786). Christ, Acting P. J., Brennan, Hopkins, Munder and Martuseello, JJ., concur.

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Bluebook (online)

31 A.D.2d 944, 298 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 4455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-landin-nyappdiv-1969.

Opinion

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