People v. Leonard

34 A.D.2d 865, 310 N.Y.S.2d 801, 1970 N.Y. App. Div. LEXIS 4674

Opinion

Reynolds, J.

Appeal from an order of the County Court, Broome County, denying appellant’s petition for a writ of error coram nobis without a hearing. Not only was the petition properly denied on the ground that it merely raised essentially the same issues which appellant had asserted in a previous petition (People v. Sullivan, 4 N Y 2d 472; People v. Mazzella, 30 A D 2d 681) but even if reached on the merits appellant’s plea of guilty precludes his raising the question of the legality of his confession (People v. Nicholson, 11 N Y 2d 1067, cert. den. 371 U. S. 929; People v. Griffin, 16 N Y 2d 508) and his indictment precludes his raising the alleged infirmities he asserts as occurring at the time of arraignment (People v. Meadows, 19 N Y 2d 988; People v. Smith, 29 A D 2d 578; People v. Seabold, 29 A D 2d 791). Order affirmed. Herlihy, P. J., Reynolds, Staley, Jr., and Cooke, JJ., concur in memorandum by Reynolds, J.; Greenblott, J., taking no part.