People v. Pearson
| Decision Date | 21 February 1963 |
| Citation | 189 N.E.2d 500,238 N.Y.S.2d 967,12 N.Y.2d 978 |
| Parties | , 189 N.E.2d 500 The PEOPLE, etc., Respondent, v. Edwin PEARSON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 16 A.D.2d 709, 226 N.Y.S.2d 716.
Defendant brought a proceeding for a writ of error coram nobis to vacate a judgment of conviction rendered on his plea of guilty to the crime of burglary in the third degree, for which he was sentenced as a third felony offender.
The Albany County Court, Martin Schenck, J., denied the application without a hearing, and the defendant appealed.
The Appellate Division affirmed the order and held that the record did not support the contentions of the defendant that guilty plea was entered through coercion or intimidation or that the defendant's counsel had allied himself with the district attorney to bring about the conviction.
The defendant appealed to the Court of Appeals, contending that where the defendant maintained that his conviction was procured by fraud, coercion, and intimidation on the part of the district attorney, in violation of the defendant's constitutional rights, a triable issue of fact arose requiring a hearing, and that allegations of fraud raised by the petition were sufficient to sustain the writ of error coram nobis.
Harold R. Moore, Jr., Hudson Falls, for appellant.
John T. Garry, II, Albany (Condon A. Lyons, Albany, on the brief), for respondent.
Order reversed and the proceeding remanded to the County Court for a trial of the issues raised by the petition (People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, 151 N.E.2d 191).
All concur.
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People v. Dash
...the guilty plea was induced by coercion (People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, 151 N.E.2d 191; People v. Pearson, 12 N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500; People v. Lake, 14 N.Y.2d 790, 250 N.Y.S.2d 816, 199 N.E.2d 847; People v. Zilliner, 14 N.Y.2d 834, 251 N.Y.S.2d 6......
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People v. Williams
...to a hearing on that allegation unless it is conclusively refuted by unquestionable documentary proof (People v. Pearson, 12 N.Y.2d 978, 979, 238 N.Y.S.2d 967, 189 N.E.2d 500; People v. Picciotti, 4 N.Y.2d 340, 345, 175 N.Y.S.2d 32, 151 N.E.2d 191; People v. Winslow, 24 A.D.2d 761, 263 N.Y.......
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...denial of defendant's allegations by the District Attorney is not alone sufficient to deny a hearing (People v. Pearson, 12 N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500; People v. Richetti, 302 N.Y. 290, 295, 97 N.E.2d 908, 910, supra: People v. Kaufman, 28 A.D.2d 910, 282 N.Y.S.2d 973; cf.......
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...treatment would be avoided only by entering a plea when in fact the defendant was not a fourth offender (cf. People v. Pearson, 12 N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500), or with a warning that if a guilty plea was not entered, bail would be revoked (People v. Madsen, 31 A.D.2d 737, ......