People v. Battice
| Decision Date | 26 February 1959 |
| Citation | 183 N.Y.S.2d 564,5 N.Y.2d 946,156 N.E.2d 920 |
| Parties | , 156 N.E.2d 920 PEOPLE, Respondent, v. Louis BATTICE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 6 A.D.2d 773, 174 N.Y.S.2d 625.
Defendant, who had been convicted, on plea of guilty, of second degree murder, filed a petition for writ of error coram nobis, on ground that his plea of guilty was obtained by coercion, misrepresentation, and knowing suppression of vital facts.
The County Court, Bronx County, McCaffrey, J., entered an order denying the motion for writ of error coram nobis, and the defendant appealed.
The Appellate Division unanimously affirmed the order and held that evidence did not sustain defendant's contention that his plea of guilty was obtained by coercion, misrepresentation, and knowing suppression of vital facts.
The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on typewritten copies of the record and brief.
The Court of Appeals, 5 N.Y.2d 799, 180 N.Y.S.2d 328, granted motion to have the appeal heard on typewritten copies of the record and brief.
The People of the State of New York contended in the Court of Appeals that application for writ of error coram nobis was properly denied and that order should be affirmed.
Daniel V. Sullivan, Dist. Atty., Bronx County, New York City (Walter E. Dillon, Asst. Dist. Atty., New York City, of counsel), for respondent.
Order affirmed.
All concur except DESMOND and FULD, JJ., who dissent and vote to reverse and to order a trial of defendant's sworn allegations of coercion, misrepresentation and suppression of facts (see People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, and cases cited therein).
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People v. Elfe
...has been held not to be an available cause for coram nobis relief. People v. Battice, 6 A.D.2d 773, 174 N.Y.S.2d 625, affirmed 5 N.Y.2d 946, 183 N.Y.S.2d 564, certiorari denied 361 U.S. 967, 80 S.Ct. 596, 4 L.Ed.2d 547. Nor is a defendant's own conceived fear of the electric chair, arising ......
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...in the same manner. It is an age-old rule, both in this State (See People v. Battice, 6 A.D.2d 773, 174 N.Y.S.2d 625, affirmed 5 N.Y.2d 946, 183 N.Y.S.2d 564; People v. Wansker, 108 Misc. 84, 177 N.Y.S. 295; People v. Fuller, 35 Misc. [9 N.Y.2d 181] 189, 71 N.Y.S. 487) and elsewhere (McDona......
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...that 'mentally coerced petitioner into pleading guilty.' Cf. People v. Battice, 6 A.D.2d 773, 174 N.Y.S.2d 625, affirmed 5 N.Y.2d 946, 183 N.Y.S.2d 564, 156 N.E.2d 920. As a prelude to the law appertaining to the merits of the chief issue, it should be borne in mind that the prerogative of ......
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...a hearing.' More closely akin to the facts presented by this present application would seem to be the case of People v. Battice, 5 N.Y.2d 946, 183 N.Y.S.2d 564, 156 N.E.2d 920 which affirmed, without opinion, a memorandum decision of the Appellate Division, 6 App.Div.2d 773, 174 N.Y.S.2d 62......