People v. Church
| Decision Date | 09 November 1956 |
| Citation | 2 A.D.2d 930,156 N.Y.S.2d 343 |
| Parties | PEOPLE of the State of New York, Respondent, v. Norman CHURCH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Norman Church in pro. per.
Harold F. Simons, Hamilton, for respondent.
Before FOSTER, P. J., and BERGAN, COON, HALPERN and GIBSON, JJ.
Appeal from an order of the County Court of Madison County entered November 7, 1955, which denied, without a hearing, an application for a writ of error coram nobis.
Appellant seeks to vacate and set aside a judgment of conviction for burglary in the third degree entered in the County Court of Madison County on June 11, 1938, upon the ground that his constitutional rights were violated in that he was not advised of his right to counsel. The petition herein contains petitioner's verified unsupported allegation, made more than seventeen years after his conviction, that upon his arraignment and conviction upon a plea of guilty, he was not represented by counsel and was not advised of his right to counsel. In addition to the presumption of regularity, the record before us contains a certified copy of the County Court minutes of appellant's arraignment on June 11, 1938, which minutes were recorded in the Madison County Clerk's Office, and contain the following: Appellant's assertion is thus conclusively refuted by unquestionable documentary proof, which permitted the court below to deny the application without a hearing. People v. Richetti, 302 N.Y. 290, 97 N.E.2d 908.
Order unanimously affirmed.
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People v. Canfora
...papers (Cf. People v. Erdmann, 2 A.D.2d 757, 153 N.Y.S.2d 260; People v. Barber, 276 App.Div. 1040, 95 N.Y.S.2d 246; People v. Church, 2 A.D.2d 930, 156 N.Y.S.2d 343), so at the formal hearing of the motion, defendant failed to produce corroborative proof of substantial and probative value ......
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People v. Winningham
...right. Phrased differently, his attitude betokened a willing surrender of the right to appear by counsel. See People v. Church, 2 A.D.2d 930, 156 N.Y.S.2d 343; People v. Mulligan, 286 App.Div. 1130, 146 N.Y.S.2d 50. Also see interesting discussion, pro and con, in Eli Frank's Coram Nobis, p......
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