People v. Lake
| Decision Date | 04 June 1964 |
| Citation | 14 N.Y.2d 790,250 N.Y.S.2d 816,199 N.E.2d 847 |
| Parties | , 199 N.E.2d 847 The PEOPLE, etc., Respondent, v. Thomas LAKE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 19 A.D.2d 863, 245 N.Y.S.2d 309.
Defendant, who had been convicted, on his plea of guilty, of second degree murder, made a motion for writ of error coram nobis to vacate the judgment of conviction.
The Court of General Sessions of the County of New York, Irwin D. Davidson, J., entered an order denying, without a hearing, the motion of the defendant for writ of error coram nobis, and the defendant appealed.
The Appellate Division affirmed the order without opinion.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that defendant was entitled to a hearing on his uncontradicted petition alleging that his plea of guilty was induced by promises and threats of District Attorney, trial judge, and assigned counsel, and that defendant's petition was not refuted by the record.
Matthew Muraskin and Anthony F. Marra, New York City, for defendant-appellant.
Frank S. Hogan, New York City (H. Richard Uviller and Eric A. Seiff, New York City, of counsel), for respondent.
Order reversed and a hearing directed. The factual allegations of coercion by the judge and district attorney leading to a plea of guilty are not traversed by the district attorney and are sufficient on their face to require a hearing (People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, 151 N.E.2d 191; People v. Guariglia, 303 N.Y. 338, 102 N.E.2d 580; People v. Pearson, 12 N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500).
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