People v. Miele

Appellate Division of the Supreme Court of New York

People v. Miele

30 A.D.2d 539, 291 N.Y.S.2d 165, 1968 N.Y. App. Div. LEXIS 4089

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

DecidedMay 6, 1968

StatusPublished

Cited by1 cases

This text of 30 A.D.2d 539 (People v. Miele) 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. Miele, 30 A.D.2d 539, 291 N.Y.S.2d 165, 1968 N.Y. App. Div. LEXIS 4089 (N.Y. Ct. App. 1968).

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Opinion

Appeal from an order of the Supreme Court, Queens County, dated January 18, 1967, dismissed. An order denying a motion for resentence is not appealable (People v. Holmes, 27 A D 2d 843). Further, coram nobis is not a proper remedy to raise the question of an improperly accepted guilty plea where the facts giving rise to such claim appear on the face of the record (see People v. Sadness, 300 N. Y. 69). In any event, if the merits of defendant’s claim were properly before us,, we would hold that his version of the circumstances surrounding the commission of attempted grand larceny in the second degree, to which he offered to plead guilty, did establish his guilt thereof (cf. People v. Serrano, 15 N Y 2d 304). Beldock, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.

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Appeal from an order of the Supreme Court, Queens County, dated January 18, 1967, dismissed. An order denying a motion for resentence is not appealable (People v. Holmes, 27 A D 2d 843). Further, coram nobis is not a proper remedy to raise the question of an improperly accepted guilty plea where the facts giving rise to such claim appear on the face of the record (see People v. Sadness, 300 N. Y. 69). In any event, if the merits of defendant’s claim were properly before us,, we would hold that his version of the circumstances surrounding the commission of attempted grand larceny in the second degree, to which he offered to plead guilty, did establish his guilt thereof (cf. People v. Serrano, 15 N Y 2d 304). Beldock, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

30 A.D.2d 539, 291 N.Y.S.2d 165, 1968 N.Y. App. Div. LEXIS 4089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miele-nyappdiv-1968.

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