People v. Mignone

Appellate Division of the Supreme Court of New York

People v. Mignone

26 A.D.2d 944, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3111

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

DecidedNovember 14, 1966

StatusPublished

This text of 26 A.D.2d 944 (People v. Mignone) 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. Mignone, 26 A.D.2d 944, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3111 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, entered February 10, 1966, which, after a hearing, denied his application to vacate a judgment of said court, rendered December 13, 1962, convicting him of robbery in the first degree and of escaping from custody as a felony, upon a plea of guilty, and imposing sentence, upon him as a second felony offender. On June 24, 1964, the court vacated the sentence for escaping from custody and resenteneed defendant nunc pro tunc as of the original date of sentencing. The hearing was held pursuant, to the order of this court made upon a prior appeal (People v. Mignone, 23 A D 2d 682). Order affirmed. In our opinion, defendant failed to sustain his burden of proving his contentions by a fair preponderance of the credible evidence (People v. Chait, 7 A D 2d 399, 406, affd. 6 N Y 2d 855; People v. Wolfson, 9 A D 2d 940). Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, entered February 10, 1966, which, after a hearing, denied his application to vacate a judgment of said court, rendered December 13, 1962, convicting him of robbery in the first degree and of escaping from custody as a felony, upon a plea of guilty, and imposing sentence, upon him as a second felony offender. On June 24, 1964, the court vacated the sentence for escaping from custody and resenteneed defendant nunc pro tunc as of the original date of sentencing. The hearing was held pursuant, to the order of this court made upon a prior appeal (People v. Mignone, 23 A D 2d 682). Order affirmed. In our opinion, defendant failed to sustain his burden of proving his contentions by a fair preponderance of the credible evidence (People v. Chait, 7 A D 2d 399, 406, affd. 6 N Y 2d 855; People v. Wolfson, 9 A D 2d 940). Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 944, 275 N.Y.S.2d 817, 1966 N.Y. App. Div. LEXIS 3111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mignone-nyappdiv-1966.