People v. McCabe

Appellate Division of the Supreme Court of New York

People v. McCabe

13 A.D.2d 784, 216 N.Y.S.2d 679, 1961 N.Y. App. Div. LEXIS 11218

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

DecidedMay 1, 1961

StatusPublished

This text of 13 A.D.2d 784 (People v. McCabe) 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. McCabe, 13 A.D.2d 784, 216 N.Y.S.2d 679, 1961 N.Y. App. Div. LEXIS 11218 (N.Y. Ct. App. 1961).

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Opinion

Appeal by defendant from an order of the County Court, Kings County, dated June 8, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered August 8, 1956, convicting him, on his plea of guilty, of robbery in the second degree and sentencing him, as a second felony offender, to serve a term of 7% to 15 years. The application was made on the grounds: (1) that at the time of the plea and sentence he was in such a state of insanity as to be incapable of understanding the proceedings; (2) that he was not accorded the benefit of the allocution required by section 480 of the Code of Criminal Procedure; and (3) that the sentence of the court was more severe than had been allegedly promised by the prosecutor, although the court allegedly had knowledge of the claimed promise. Order affirmed. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Appeal by defendant from an order of the County Court, Kings County, dated June 8, 1959, denying, after a hearing, his coram nobis application to vacate a judgment of said court, rendered August 8, 1956, convicting him, on his plea of guilty, of robbery in the second degree and sentencing him, as a second felony offender, to serve a term of 7% to 15 years. The application was made on the grounds: (1) that at the time of the plea and sentence he was in such a state of insanity as to be incapable of understanding the proceedings; (2) that he was not accorded the benefit of the allocution required by section 480 of the Code of Criminal Procedure; and (3) that the sentence of the court was more severe than had been allegedly promised by the prosecutor, although the court allegedly had knowledge of the claimed promise. Order affirmed. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 784, 216 N.Y.S.2d 679, 1961 N.Y. App. Div. LEXIS 11218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccabe-nyappdiv-1961.