People v. Weldon

Appellate Division of the Supreme Court of New York

People v. Weldon

24 A.D.2d 885, 264 N.Y.S.2d 662, 1965 N.Y. App. Div. LEXIS 3027

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

DecidedNovember 15, 1965

StatusPublished

This text of 24 A.D.2d 885 (People v. Weldon) 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. Weldon, 24 A.D.2d 885, 264 N.Y.S.2d 662, 1965 N.Y. App. Div. LEXIS 3027 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, entered December 14, 1964 which denied without a hearing his application to vacate two judgments of said court rendered April 27, 1956 on his pleas of guilty, convicting him under separate indictments of grand larceny in the first degree and forgery in the second degree, and imposing sentence. Order affirmed. Defendant’s bare allegation that his plea of guilty was induced by the promise of the District Attorney that he would be treated leniently, would be sentenced as a first offender, and would receive a maximum sentence of 10 years is uncorroborated and is insuffi[886]*886cient either to overcome the presumption of regularity attached to judicial proceedings or to warrant the granting of a hearing (People v. Picart, 14 N Y 2d 789). 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, Nassau County, entered December 14, 1964 which denied without a hearing his application to vacate two judgments of said court rendered April 27, 1956 on his pleas of guilty, convicting him under separate indictments of grand larceny in the first degree and forgery in the second degree, and imposing sentence. Order affirmed. Defendant’s bare allegation that his plea of guilty was induced by the promise of the District Attorney that he would be treated leniently, would be sentenced as a first offender, and would receive a maximum sentence of 10 years is uncorroborated and is insuffi[886]*886cient either to overcome the presumption of regularity attached to judicial proceedings or to warrant the granting of a hearing (People v. Picart, 14 N Y 2d 789). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ,, concur.

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Bluebook (online)

24 A.D.2d 885, 264 N.Y.S.2d 662, 1965 N.Y. App. Div. LEXIS 3027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weldon-nyappdiv-1965.