People ex rel. Coates v. O'Hara
| Decision Date | 30 July 1959 |
| Citation | 197 N.Y.S.2d 73,21 Misc.2d 415 |
| Parties | PEOPLE of the State of New York ex rel. Onie D. COATES, Sr., Relator, v. Edward J. O'HARA, as Warden of the Nassau County Jail, Hempstead, N. Y. and the Hon. Jesse P. Combs, Sheriff of Nassau County, Long Island, New York, the above-named officers having custody of the said Relator, Respondents. |
| Court | New York Supreme Court |
Onie D. Coates, Sr., in pro. per.
Manuel W. Levine, Dist. Atty., Mineola, respondents.
Petitioner in this proceeding was sentenced on March 31, 1954, as a second felony offender by the Kings County Court to an indeterminate term of from 2 1/2 to 5 years. On April 20, 1954, he was brought back from Sing Sing Prison and taken to Nassau County Court for trial on another indictment charging him with the felony of criminally possessing a pistol after having previously been convicted of a crime, in violation of subdivision 4 of Section 1897 of the Penal Law. He pleaded guilty on November 19, 1954 and was sentenced on December 17, 1954, to an indeterminate term of from 3 1/2 to 7 years. In the meantime, he had spend 242 days in the Nassau County Jail and in imposing sentence, the County Judge ordered that the sentence be served 'with credit for time served in the Nassau County Jail, and concurrently as nearly as possible with sentence imposed in Kings County on March 31, 1954.' Thereafter, petitioner made a motion for an order coram nobis to inquire into the aforesaid judgment of conviction, the bases of which were: (1) double jeopardy; (2) failure to provide a speedy trial; (3) the application of the credited time to the sentence. Judge Lent, on January 13, 1955, denied the application and so far as the record shows, there was no appeal therefrom. Thereafter, petitioner made an application in Erie County and the order of Mr. Justice Nevins was appealed to the Appellate Division, Fourth Department. The decision by the Appellate Division was that the sentence imposed on December 17, 1954, was improper insofar as it gave petitioner credit on his Nassau County sentence (People ex rel. Coates v. Martin, 8 A.D.2d 688, 184 N.Y.S.2d 443). The court noted, however, that the Warden would be bound by the Nassau County sentence unless the error were corrected by appropriate judicial proceedings in the sentencing court. Thereafter, on May 15, 1959, on the basis of the Appellate Division decision, Judge Widlitz entered an order directing...
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