People v. Mitchell

Appellate Division of the Supreme Court of New York

People v. Mitchell

20 A.D.2d 722, 247 N.Y.S.2d 499, 1964 N.Y. App. Div. LEXIS 4431

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

DecidedFebruary 17, 1964

StatusPublished

Cited by2 cases

This text of 20 A.D.2d 722 (People v. Mitchell) 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. Mitchell, 20 A.D.2d 722, 247 N.Y.S.2d 499, 1964 N.Y. App. Div. LEXIS 4431 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated June 14, 1963, which denied without a hearing his application to vacate a judgment of the same court, rendered November 17, 1952 after a jury trial, convicting him of assault in the first degree (one count) and assault in the second degree (two counts), and imposing sentence upon him as a prior felony offender. Order affirmed. The basis for the relief sought is that at the time of sentence defendant told the court, in the presence of assigned counsel: “I would love to have an appeal but I have no means. I have no way of doing it, so I have to take it.” No notice of appeal was filed. In our opinion, the facts relied upon do not furnish an adequate basis for coram nobis relief (People v. Kling, 19 A D 2d 750; People v. Márchese, 19 A D 2d 728). Beldock, P. J., Ughetta, Kleinfeld, Hill and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated June 14, 1963, which denied without a hearing his application to vacate a judgment of the same court, rendered November 17, 1952 after a jury trial, convicting him of assault in the first degree (one count) and assault in the second degree (two counts), and imposing sentence upon him as a prior felony offender. Order affirmed. The basis for the relief sought is that at the time of sentence defendant told the court, in the presence of assigned counsel: “I would love to have an appeal but I have no means. I have no way of doing it, so I have to take it.” No notice of appeal was filed. In our opinion, the facts relied upon do not furnish an adequate basis for coram nobis relief (People v. Kling, 19 A D 2d 750; People v. Márchese, 19 A D 2d 728). Beldock, P. J., Ughetta, Kleinfeld, Hill and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 722, 247 N.Y.S.2d 499, 1964 N.Y. App. Div. LEXIS 4431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mitchell-nyappdiv-1964.

Opinion

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