People v. McNair

Appellate Division of the Supreme Court of New York

People v. McNair

24 A.D.2d 1044, 265 N.Y.S.2d 619, 1965 N.Y. App. Div. LEXIS 2766

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 1965·Published

Opinion

Reynolds, J.

Appeal from an order of the County Court, Saratoga County, denying appellant’s eoram nobis petition without a hearing. Appellant’s petition does not allege any specific promise by the Assistant District Attorney and, moreover, his allegations are not only not confirmed by the record or any supporting affidavits (People v. Scott, 10 N Y 2d 380), but are, in fact, expressly refuted by the conduct of the appellant and his attorney as revealed in the minutes of his plea and sentence (People v. White, 309 N. Y. 636). Order affirmed. Gibson, P. J., Taylor, Aulisi and Hamm, JJ., concur.

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Reynolds, J.

Appeal from an order of the County Court, Saratoga County, denying appellant’s eoram nobis petition without a hearing. Appellant’s petition does not allege any specific promise by the Assistant District Attorney and, moreover, his allegations are not only not confirmed by the record or any supporting affidavits (People v. Scott, 10 N Y 2d 380), but are, in fact, expressly refuted by the conduct of the appellant and his attorney as revealed in the minutes of his plea and sentence (People v. White, 309 N. Y. 636). Order affirmed. Gibson, P. J., Taylor, Aulisi and Hamm, JJ., concur.

People v. McNair, 24 A.D.2d 1044, 265 N.Y.S.2d 619, 1965 N.Y. App. Div. LEXIS 2766 (N.Y. Ct. App. 1965).

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