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

Procedural entryThis page is a short order in People v. Miller. Read the opinion of the Court — 23 A.D.2d 144 →

Appellate Division of the Supreme Court of the State of New York·Decided January 31, 1966·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

25 A.D.2d 450 (People v. Miller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.