People v. Middleton
| Decision Date | 05 July 1961 |
| Citation | 218 N.Y.S.2d 76,14 A.D.2d 557 |
| Parties | PEOPLE of the State of New York, Respondent, v. James MIDDLETON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Frances Kahn, New York City, for appellant.
Edward S. Silver, Dist. Atty., Brooklyn, for respondent. Wm. I. Siegel, Brooklyn, of counsel. Before NOLAN, P. J., and UGHETTA, KLEINFELD, PETTE and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from an order of the County Court, Kings County, dated June 15, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered May 15, 1959, convicting him, on his plea of guilty, of robbery in the second degree, unarmed, and sentencing him to serve a term of 7 1/2 to 15 years.
Order affirmed.
The claimed defects in the proceedings and in the testimony before the Felony Court and the Grand Jury afford no basis for relief by way of coram nobis. Cf. People ex rel. Hirschberg v. Close, 1 N.Y.2d 258, 260-261, 152 N.Y.S.2d 1, 2; People v. Neeley, 4 A.D.2d 1019, 169 N.Y.S.2d 268; People v. Willett, 213 N.Y. 368, 375, 107 N.E. 707, 708; People v. Manwaring, 3 A.D.2d 952, 162 N.Y.S.2d 548.
The purely conclusory allegations in defendant's affidavits that he was coerced into pleading guilty and that he was deprived of the effective assistance of counsel, did not present any factual issue requiring a hearing, cf. People v. Smyth, 3 N.Y.2d 184, 187-188, 164 N.Y.S.2d 737, 738-739, People v. Brown, 7 N.Y.2d 359, 360, 197 N.Y.S.2d 705, 706.
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