People v. Keehner
| Decision Date | 12 June 1967 |
| Citation | 281 N.Y.S.2d 128,28 A.D.2d 695 |
| Parties | The PEOPLE, etc., Respondent, v. Thomas KEEHNER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before BELDOCK, P.J., and CHRIST, RABIN, BENJAMIN and NOLAN, JJ.
MEMORANDUM BY THE COURT.
In a coram nobis proceeding, defendant appeals as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated July 28, 1965 and made on reargument, as adhered to the original order of said court, dated June 21, 1965, denying, without a hearing, his application to vacate a judgment of the former County Court, Queens County, rendered June 30, 1953, which convicted him of forgery in the third degree. Order affirmed insofar as appealed from.
Defendant and his uncle were indicted in December 1952. Both were charged with felonies. The uncle, Frank Keehner, apparently had a prior felony conviction. Defendant, on his motion for reargument, in effect alleged that the district attorney had stated, in his own attorney's presence, that if he pleaded guilty to a felony his uncle would be permitted to plead to a misdemeanor and would thereby get 'a good break'. He was also told that he would 'receive a small sentence to Rikers Island'.
These allegations, even if true, would not entitle defendant to relief. The statements allegedly made by the district attorney were not coercive or threatening (People v. Henzey, 24 A.D.2d 764, 263 N.Y.S.2d 678; People v. Nostro, 24 A.D.2d 1008, 266 N.Y.S.2d 341). A mere broken promise as to sentence would entitle defendant to be resentenced, were his sentence not expired, but would not also permit the withdrawal of his guilty plea (People v. Brooks, 18 A.D.2d 710, 236 N.Y.S.2d 228).
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