People v. Miller

Appellate Division of the Supreme Court of New York

People v. Miller

25 A.D.2d 450, 266 N.Y.S.2d 967, 1966 N.Y. App. Div. LEXIS 5074

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

DecidedJanuary 31, 1966

StatusPublished

This text of 25 A.D.2d 450 (People v. Miller) 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. Miller, 25 A.D.2d 450, 266 N.Y.S.2d 967, 1966 N.Y. App. Div. LEXIS 5074 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated May 8, 1963, which denied without a hearing his application to vacate a judgment of the County Court, Westchester County, rendered October 31, 1961, on his plea of guilty, convicting him of grand larceny in the second degree and imposing sentence as a second felony offender. Order affirmed. In our opinion, while the court’s failure to invoke the statutory provisions (Code Crim. Pro., § 335-b) constituted a deprivation of a substantial right to which defendant was entitled [451]*451(People ex rel. Manning v. Fay, 16 N Y 2d 1081), coram nobis to correct such error or irregularity does not lie (People v. Levy, 18 A D 2d 1017). As to the further issues raised by defendant, concerning which no proof was presented to the County Court, this court can make no present determination as to them (People v. Brown, 18 A D 2d 1102).

Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated May 8, 1963, which denied without a hearing his application to vacate a judgment of the County Court, Westchester County, rendered October 31, 1961, on his plea of guilty, convicting him of grand larceny in the second degree and imposing sentence as a second felony offender. Order affirmed. In our opinion, while the court’s failure to invoke the statutory provisions (Code Crim. Pro., § 335-b) constituted a deprivation of a substantial right to which defendant was entitled [451]*451(People ex rel. Manning v. Fay, 16 N Y 2d 1081), coram nobis to correct such error or irregularity does not lie (People v. Levy, 18 A D 2d 1017). As to the further issues raised by defendant, concerning which no proof was presented to the County Court, this court can make no present determination as to them (People v. Brown, 18 A D 2d 1102).

Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 450, 266 N.Y.S.2d 967, 1966 N.Y. App. Div. LEXIS 5074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-nyappdiv-1966.