People v. Homchak

• Decision Date: 06 November 1961
• Citation: 14 A.D.2d 887,218 N.Y.S.2d 536
• Parties: PEOPLE of the State of New York, Respondent, v. Michael HOMCHAK, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 536

218 N.Y.S.2d 536

14 A.D.2d 887

PEOPLE of the State of New York, Respondent, v. Michael HOMCHAK, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Nov. 6, 1961.

Michael J. Homchak, pro se.

Frank D. O'Connor, D. A., Kew Gardens, for respondent; Benj. J. Jacobson, Long Island City, of counsel.

Appeal by defendant from an order of the County Court, Queens County, dated March 23, 1961, granting his motion for reargument and on reargument adhering to its original decisions denying, without a hearing, defendant's coram nobis applications to vacate the judgment of said court, rendered June 12, 1940, convicting him, upon his plea of guilty, of murder in the second degree and sentencing him to serve a term of 25 years to life. Order affirmed. We have considered on this appeal the arguments which defendant advanced on his previous coram nobis applications to vacate said judgment, and which resulted in orders of denial dated November 16, 1960, December 20, 1960 and January 30, 1961. On all of such applications, as well as on the motion for reargument, no facts were presented which required a hearing with respect to defendant's assertion that he had been induced to plead guilty of the crime of murder in the second degree upon a promise that he would receive a prison sentence, the minimum term of which would be twenty years (cf. People v. White, 309 N.Y. 636, 641, 132 N.E2d 880; People v. Fanning, 300 N.Y. 593, 89 N.E.2d 881; People v. King, 284 App.Div. 1015, 135 N.Y.S.2d 396). Other contentions by defendant as to errors during his trial, as to his sentence on a prior offense, and as to the action of the Parole Board in connection with such sentence, are not relevant or material on this appeal. See also 12 A.D.2d 770, 210 N.Y.S.2d 819.

NOLAN, P. J., and BELDOCK, UGHETTA, CHRIST and PETTE, JJ., concur.