People v. Lensky

Decision Date06 February 1956
Citation1 A.D.2d 831,148 N.Y.S.2d 332
PartiesThe PEOPLE of the State of New York, Respondent, v. Felix LENSKY, Appellant.
CourtNew York Supreme Court — Appellate Division

Felix Lensky in pro. per.

Frank Di Lalla, Brooklyn, for respondent.

Before NOLAN, P. J., and WENZEL, BELDOCK, MURPHY and HALLINAN, JJ.

MEMORANDUM BY THE COURT.

Appeal from an order of the County Court, Kings County, denying, after a hearing, a motion in the nature of a writ of error coram nobis to vacate a judgment of that court convicting appellant, on his plea of guilty, of the crime of burglary, third degree.

Order affirmed.

It was within the province of the County Judge to refuse to credit testimony, even though it was not directly contradicted, that appellant had been induced to enter his plea of guilty on a promise of leniency by the County Judge then presiding, which promise was not adhered to on sentence.

To continue reading

Request your trial
11 cases
  • People v. Passante
    • United States
    • New York Court of General Sessions
    • January 22, 1960
    ...bar. People v. Pilkington, 2 A.D.2d 731, 152 N.Y.S.2d 559, certiorari denied 352 U.S. 1008, 77 S.Ct. 572, 1 L.Ed.2d 553; People v. Lensky, 1 A.D.2d 831, 148 N.Y.S.2d 332; People ex rel. Asaro v. Morhous, 268 App.Div. 1016, 52 N.Y.S.2d 210, appeal dismissed 294 N.Y. 694, 60 N.E.2d 844. A nak......
  • People v. Gencarelli
    • United States
    • New York Court of General Sessions
    • December 18, 1958
    ...that defendant has failed to sustain his legal burden. People v. Simpson, 4 A.D.2d 806, 164 N.Y.S.2d 932. See also People v. Lensky, 1 A.D.2d 831, 148 N.Y.S.2d 332; People v. Hasenstab, 283 App.Div. 433, 128 N.Y.S.2d 388; People v. Milo, 4 A.D.2d 679, 163 N.Y.S.2d In adopting this view, I a......
  • People v. Shomberg
    • United States
    • New York Court of General Sessions
    • January 1, 1961
    ...This Court is not required to accept the defendant's testimony as truthful, even though it is not directly contradicted (People v. Lensky, 1 A.D.2d 831, 148 N.Y.S.2d 332). The defendant's unsupported claim that he was told that he was pleading to disorderly conduct and that the court record......
  • People v. Page
    • United States
    • New York Supreme Court — Appellate Division
    • February 27, 1961
    ...N.Y.S.2d 494, affirmed 6 N.Y.2d 855, 188 N.Y.S.2d 560; People ex rel. Kruger v. Hunt, 257 App.Div. 917, 12 N.Y.S.2d 167; People v. Lensky, 1 A.D.2d 831, 148 N.Y.S.2d 332). The court was not required to vacate the conviction of long standing on the basis of the defendant's unsubstantiated te......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT