People v. Wheeler

Appellate Division of the Supreme Court of New York

People v. Wheeler

13 A.D.2d 1016, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10147

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

DecidedJune 19, 1961

StatusPublished

This text of 13 A.D.2d 1016 (People v. Wheeler) 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. Wheeler, 13 A.D.2d 1016, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10147 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal by defendant from an order of the Comity Court, Kings County, dated March 15, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered December 18, 1950, convicting him, on his plea of guilty, of assault in the second degree with intent to commit sodomy, and sentencing him to serve a term of one day to life. Order reversed on the law and the facts, and application remitted to the County Court, Kings County, for a hearing upon the merits. On the allegations of the petition, which are not formally denied, and upon the consent of the District Attorney, the application should be decided after a plenary hearing. Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

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Appeal by defendant from an order of the Comity Court, Kings County, dated March 15, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered December 18, 1950, convicting him, on his plea of guilty, of assault in the second degree with intent to commit sodomy, and sentencing him to serve a term of one day to life. Order reversed on the law and the facts, and application remitted to the County Court, Kings County, for a hearing upon the merits. On the allegations of the petition, which are not formally denied, and upon the consent of the District Attorney, the application should be decided after a plenary hearing. Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 1016, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wheeler-nyappdiv-1961.