People v. Kniseley
| Decision Date | 10 July 1963 |
| Citation | 242 N.Y.S.2d 71,13 N.Y.2d 779,192 N.E.2d 36 |
| Parties | , 192 N.E.2d 36 PEOPLE, etc., Respondent, v. James E. KNISELEY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department.
Defendant, who had been convicted of second degree burglary, made a motion for a writ of error coram nobis on ground that statement made by the defendant and admitted into evidence at his trial was elicited from him during a period of interrogation which took place after he had been arrested on charge of burglary in second degree and after he had requested, but had not been granted, arraignment.
The County Court of Oneida County, John J. Walsh, J., entered an order denying the motion without a hearing, and the defendant appealed.
The Appellate Division entered an order affirming the order of the County Court.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.
Order affirmed.
All concur.
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People v. Ortiz
...to the petitioner. The charge is lacking factual support; the defendant is not entitled to a hearing. (People v. Kniseley, 13 N.Y.2d 779, 242 N.Y.S.2d 71, 192 N.E.2d 36; People v. Diblin, 11 N.Y.2d 676, 225 N.Y.S.2d 754, 180 N.E.2d 908.) The plea of guilty was accepted upon the defendant's ......
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