People v. Warren

Appellate Division of the Supreme Court of New York

People v. Warren

25 A.D.2d 676, 268 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 4737

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

DecidedMarch 21, 1966

StatusPublished

Cited by2 cases

This text of 25 A.D.2d 676 (People v. Warren) 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. Warren, 25 A.D.2d 676, 268 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 4737 (N.Y. Ct. App. 1966).

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Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Dutchess County, entered June 8, 1965, which denied, without a hearing, his application to vacate a judgment of said court, rendered April 1, 1964, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence. Order affirmed, with leave to renew upon proper supporting papers. The affidavit of defendant was uncorroborated by supporting affidavits. Such corroboration is required where the defendant alleges that promises as to sentence were relayed to him from the District Attorney and the Trial Judge through his attorney (People v. Scott, 10 N Y 2d 380; People v. Vellucci, 13 N Y 2d 665). The affidavits furnished for the first time on appeal are improper and may not be considered.

Beldoek, 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, Dutchess County, entered June 8, 1965, which denied, without a hearing, his application to vacate a judgment of said court, rendered April 1, 1964, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence. Order affirmed, with leave to renew upon proper supporting papers. The affidavit of defendant was uncorroborated by supporting affidavits. Such corroboration is required where the defendant alleges that promises as to sentence were relayed to him from the District Attorney and the Trial Judge through his attorney (People v. Scott, 10 N Y 2d 380; People v. Vellucci, 13 N Y 2d 665). The affidavits furnished for the first time on appeal are improper and may not be considered.

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

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Bluebook (online)

25 A.D.2d 676, 268 N.Y.S.2d 576, 1966 N.Y. App. Div. LEXIS 4737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-warren-nyappdiv-1966.

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