People v. Sandes

New York County Courts

People v. Sandes

9 Misc. 2d 138, 171 N.Y.S.2d 321, 1958 N.Y. Misc. LEXIS 4013

CourtNew York County Courts

DecidedJanuary 22, 1958

StatusPublished

Cited by1 cases

This text of 9 Misc. 2d 138 (People v. Sandes) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sandes, 9 Misc. 2d 138, 171 N.Y.S.2d 321, 1958 N.Y. Misc. LEXIS 4013 (N.Y. Super. Ct. 1958).

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Opinion

Milton A. Wiltse, J.

The defendant above named has filed an application for writ of error coram nobis regarding alleged illegality of his detention in Attica Prison, and his sentence from this court under his present imprisonment.

Various other applications have been entertained regarding the same, or similar matters presently raised and one was denied under a decision of this court, dated August 30, 1955.

There appears to be nothing new, or additional, under his present application for relief under a writ of error coram nobis, and the same is therefore denied. It is further stated that any additional grounds relied upon in the instant application are more properly determinative under some other type of proceeding ; and since those grounds apparently relate to a question of illegal detention that could be considered under an application for a writ of habeas corpus, it is suggested that the defendant pursue whatever remedy he might have thereunder if he so desires. In any event, it is not considered by this court that there is any authority for granting any of the applications of the defendant under the record as it now exists. It follows, of course, that his application for production in this court for a hearing upon this matter is denied. (People v. Richetti, 302 N. Y. 290; People v. Seymour, 208 Misc. 894.)

The District Attorney of Jefferson County is respectfully asked to prepare an order to conform with the above and forward a certified copy of the same and of this decision to the defendant.

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Milton A. Wiltse, J.

The defendant above named has filed an application for writ of error coram nobis regarding alleged illegality of his detention in Attica Prison, and his sentence from this court under his present imprisonment.

Various other applications have been entertained regarding the same, or similar matters presently raised and one was denied under a decision of this court, dated August 30, 1955.

There appears to be nothing new, or additional, under his present application for relief under a writ of error coram nobis, and the same is therefore denied. It is further stated that any additional grounds relied upon in the instant application are more properly determinative under some other type of proceeding ; and since those grounds apparently relate to a question of illegal detention that could be considered under an application for a writ of habeas corpus, it is suggested that the defendant pursue whatever remedy he might have thereunder if he so desires. In any event, it is not considered by this court that there is any authority for granting any of the applications of the defendant under the record as it now exists. It follows, of course, that his application for production in this court for a hearing upon this matter is denied. (People v. Richetti, 302 N. Y. 290; People v. Seymour, 208 Misc. 894.)

The District Attorney of Jefferson County is respectfully asked to prepare an order to conform with the above and forward a certified copy of the same and of this decision to the defendant.

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Bluebook (online)

9 Misc. 2d 138, 171 N.Y.S.2d 321, 1958 N.Y. Misc. LEXIS 4013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sandes-nycountyct-1958.

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