People v. Howe
| Decision Date | 09 March 1961 |
| Citation | 13 A.D.2d 556,211 N.Y.S.2d 817 |
| Parties | PEOPLE of the State of New York, Respondent, v. Harland George HOWE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Harland George Howe in pro. per.
John T. Garry, II, Dist. Atty., Albany, for respondent (Condon A. Lyons, Albany, of counsel). Before BERGAN, P. J., and COON, GIBSON, HERLIHY and REYNOLDS, JJ.
Appeal from a denial of an application for a writ of error coram nobis without a hearing.
Appellant in his petition claimed he entered a plea of guilty to murder in the second degree with the understanding he would receive a sentence of twenty years to life and further alleged that his assigned counsel did not properly represent him.
The record shows that appellant was sentenced from thirty-five years to life without any protest on his part or on the part of his counsel and after he had assured the court there was 'no bargaining or anything of that nature'.
His assigned counsel is an outstanding member of the Albany County Bar and a former District Attorney of that county.
Order unanimously affirmed.
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People v. Elfe
...supra), but, instead, show, by his answering disclaimer of any coercion used, that his plea was voluntarily taken. Cf. People v. Howe, 13 A.D.2d 556, 211 N.Y.S.2d 817. "That which is proved by the record ought not to be denied." People v. Canfora, 9 Misc.2d 930, 932 top, 168 N.Y.S.2d 729, 7......
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People v. Davidson
...sentence to be given to the defendant at the time of his guilty plea to the crime of robbery in the second degree (see People v. Howe, 13 A.D.2d 556, 211 N.Y.S.2d 817, 818). The Court may always correct its own errors to abide by the Statutes under which it is empowered to act. Further, the......