People v. Meyerle

CourtNew York Court of General Sessions
Writing for the CourtTHOMAS DICKENS
Citation32 Misc.2d 1,223 N.Y.S.2d 170
PartiesPEOPLE of the State of New York v. Robert MEYERLE, Defendant.
Decision Date04 January 1962

Page 170

223 N.Y.S.2d 170
32 Misc.2d 1
PEOPLE of the State of New York
v.
Robert MEYERLE, Defendant.
Court of General Sessions, New York County.
Jan. 4, 1962.

Frank S. Hogan, Dist. Atty., New York City, by Edward M. Davidowitz, New York City, of counsel, for the People.

Frances Kahn, New York City, for defendant.

THOMAS DICKENS, Judge.

On his unsupported petition defendant has, by an attorney, brought this coram nobis motion with the object of having the judgment of conviction vacated and set at naught.

The motivating spur is the late Judge Freschi's allegedly unfulfilled promise of a suspended sentence with probation, in consideration of a compromised plea of guilty.

The minutes of the revised plea are missing from the clerk's file; the minutes of the sentence are not.

In opposition to the unsupported allegations of defendant's petition, the district attorney has interposed an affidavit with an annexed memorandum of law. As to the effect of such a joinder of issue, see People v. Pallante, 282 App.Div. 989, 125 N.Y.S.2d 710. And, as to the effect of bare allegations, unfortified, see People v . Cruz, Gen.Sess., 202 N.Y.S.2d 556.

[32 Misc.2d 2] Delving into the recorded facts in the clerk's file for the solution of the issue, I find that on January 18, 1938, defendant pleaded guilty before Judge Freschi to the charge of criminally carrying a pistol as a felony, and that on October 7, 1938, the Judge sentenced him to Elmira Reformatory.

At some time during the period from the taking of the guilty plea to the imposing of the sentence thereon, the Judge had permitted defendant to become enrolled, at the expense of his parents, as an inmate of

Page 171

George Junior Republic, a non-penal institution, situated at Freeville, New York. The underlying aim of this arrangement was hope of rehabilitation. In the meantime the sentence was deferred.

Despite the advantage of having become the recipient of such judicial beneficence, defendant, nevertheless, soon left the institution without permission from the supervising authorities and without the knowledge or the consent of his parents. Eventually, he was apprehended and thereupon returned to the custody of the Court of General Sessions, for further action.

On August 30, 1938, defendant was arraigned for his delinquency before Judge Allen, an associate Judge, then presiding in Part I of this Court. Mr. Halpern, the Chief Probation Officer, who was present at the arraignment, was called upon by Judge Allen to make a statement regarding the situation. He responded, and in part, the response was as follows (Minutes, dated August 30, 1938, Allen, J., pp. 1-2):

'The defendant at the bar is awaiting sentence before Judge Freschi. He pleaded guilty to carrying a conealed weapon as a felony.

'On February 15th an agreement was entered into between the defendant and his parents and the Court under which the defendant consented to go to the George Junior Republic, where he was to remain for one year at which time he was to return to the Court for sentence.' (Emphasis supplied.)

After Mr. Halpern had concluded the rest of his main remarks with the...

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