People v. Gencarelli

Citation8 N.Y.2d 906,204 N.Y.S.2d 149
Parties, 168 N.E.2d 825 PEOPLE, etc., Respondent, v. Alfred GENCARELLI, Appellant.
Decision Date09 June 1960
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 9 A.D.2d 614, 191 N.Y.S.2d 134.

The defendant made a motion for coram nobis relief. One of the several original grounds urged as a challenge to validity of judgment of conviction on plea of guilty was the alleged removal of an indictment alleging a date in the future for the commission of the crime and the substitution of another indictment alleging a date in the past.

The Court of General Sessions, County of New York, Thomas Dickens, J., 15 Misc.2d 45, 180 N.Y.S.2d 812, denied the motion and held that evidence was insufficient to sustain defendant's charge of removal of indictment alleging a date in the future for commission of the crime and the substitution of another indictment alleging a date in the past.

The Appellate Division, 9 A.D.2d 614, 191 N.Y.S.2d 134, unanimously affirmed the order of the Court of General Sessions.

The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on the original record and for assignment of counsel.

The Court of Appeals, 7 N.Y.2d 991, 199 N.Y.S.2d 500, granted motion to have the appeal heard on the original record and for assignment of counsel and assigned Edward J. Grogan, Esq., 90 State Street, Albany, New York, as counsel for the defendnat on the appeal.

Order affirmed.

All concur.

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8 cases
  • People v. Portner
    • United States
    • New York Court of General Sessions
    • June 4, 1962
    ...addition. See People v. Gencarelli, 15 Misc.2d 45, 180 N.Y.S.2d 812, affirmed 9 A.D.2d 614, 191 N.Y.S.2d 134, affirmed 8 N.Y.2d 906, 204 N.Y.S.2d 149, 168 N.E.2d 825, certiorari denied 364 U.S. 875, 81 S.Ct. 121, 5 L.Ed.2d 97. Further militating against defendant is his failure to produce a......
  • People v. Robertson
    • United States
    • New York Court of General Sessions
    • June 12, 1962
    ......38], par. 302[a] p. 56): 'Petitioner could have challenged the alleged error of law by appeal or * * * by asking leave to withdraw his plea. He cannot now say that there was no adequate remedy at law.' See also, People v. Gencarelli, 15 Misc.2d 45, 180 N.Y.S.2d 812, affirmed 9 A.D.2d 614, 191 N.Y.S.2d 134, affirmed 8 N.Y.S.2d 906, 204 N.Y.S.2d 149, 168 N.E.2d 825, certiorari denied 364 U.S. 875, 81 S.Ct. 121, 5 L.Ed.2d 97.         The motion for post rem relief is fully denied. ......
  • People v. Romeo
    • United States
    • New York Supreme Court Appellate Division
    • April 17, 1962
    ...497, 128 N.Y.S.2d 394; People v. Gencarelli, 15 Misc.2d 45, 180 N.Y.S.2d 812, aff'd 9 A.D.2d 614, 191 N.Y.S.2d 134, aff'd 8 N.Y.2d 906, 204 N.Y.S.2d 149, cert. denied 364 U.S. 875, 81 S.Ct. 121, 5 L.Ed.2d The majority opinion quotes from the trial testimony given by Gramando regarding any p......
  • People v. Woodruff
    • United States
    • New York Court of General Sessions
    • December 15, 1961
    ...People v. Gencarelli, 15 Misc.2d 45, 47 middle, 180 N.Y.S.2d 812, 814 top, affirmed 9 A.D.2d 614, 191 N.Y.S.2d 134, affirmed 8 N.Y.2d 906, 204 N.Y.S.2d 149, certiorari denied 364 U.S. 875, 81 S.Ct. 121, 5 L.Ed.2d 5. In any event, the remedy of coram nobis does not apply; the other measures ......
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