People v. Stryzewski

New York County Courts

People v. Stryzewski

19 Misc. 2d 598, 196 N.Y.S.2d 337, 1951 N.Y. Misc. LEXIS 1453

CourtNew York County Courts

DecidedOctober 8, 1951

StatusPublished

Cited by3 cases

This text of 19 Misc. 2d 598 (People v. Stryzewski) 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. Stryzewski, 19 Misc. 2d 598, 196 N.Y.S.2d 337, 1951 N.Y. Misc. LEXIS 1453 (N.Y. Super. Ct. 1951).

Pincite

Opinion

Peter T. Farrell, J.

This is an application in the nature of a writ of coram nobis to vacate and set aside a judgment of conviction dated November 29, 1944, convicting the defendant of the crime of attempted robbery, second degree, as a second offender. The basis for the present application, as now claimed by defendant, is ‘ ‘ that the plea of guilty entered by defendant was out and out fraud, not on the part of the Court, but on the part of defendant’s lawyer.” The remedy of a writ of coram nobis cannot be used to set aside a plea of guilty, offered in open court, by a prisoner represented by counsel where there is no fraud attributable to the State as represented by its Judge and the prosecuting official. The defendant’s motion is, therefore, denied in all respects. The District Attorney is requested to submit an order in accordance with the terms of this decision and to mail a copy thereof to the defendant at the institution in which he is confined.

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

Peter T. Farrell, J.

This is an application in the nature of a writ of coram nobis to vacate and set aside a judgment of conviction dated November 29, 1944, convicting the defendant of the crime of attempted robbery, second degree, as a second offender. The basis for the present application, as now claimed by defendant, is ‘ ‘ that the plea of guilty entered by defendant was out and out fraud, not on the part of the Court, but on the part of defendant’s lawyer.” The remedy of a writ of coram nobis cannot be used to set aside a plea of guilty, offered in open court, by a prisoner represented by counsel where there is no fraud attributable to the State as represented by its Judge and the prosecuting official. The defendant’s motion is, therefore, denied in all respects. The District Attorney is requested to submit an order in accordance with the terms of this decision and to mail a copy thereof to the defendant at the institution in which he is confined.

Cite This Page — Counsel Stack

Bluebook (online)

19 Misc. 2d 598, 196 N.Y.S.2d 337, 1951 N.Y. Misc. LEXIS 1453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stryzewski-nycountyct-1951.

Opinion

Related

Cite This Page — Counsel Stack