People v. Riera
| Decision Date | 29 March 1962 |
| Citation | 11 N.Y.2d 802,227 N.Y.S.2d 250 |
| Parties | , 181 N.E.2d 850 The PEOPLE, etc., Respondent, v. Pedro RIERA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 14 A.D.2d 558, 218 N.Y.S.2d 984.
The defendant filed a coram nobis application to vacate a judgment of the County Court of Queens County, rendered January 16, 1956, convicting the defendant, after a jury trial, of assault in the second degree with intent to commit rape, robbery in the first degree, grand larceny in the first degree, and assault in the second degree, and sentencing the defendant to serve a term of one day to life. The application was based on the claim that the defendant was legally insane at the time of his trial. There was no issue of insanity presented at the time of the trial, when the defendant was represented by retained counsel, but such issue was raised and determined at the time of sentence, and no appeal was taken from the judgment of conviction.
The County Court, Queens County, rendered an order, dated April 29, 1960, denying, without a hearing, the application, and the defendant appealed.
The Appellate Division affirmed the order without opinion.
The defendant appealed to the Court of Appeals.
Order affirmed.
All concur.
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People v. Brown
...841, supra; People v. Boundy, 10 N.Y.2d 518, 521-522, 225 N.Y.S.2d 207, 209-210, 180 N.E.2d 565, 567-568, supra; People v. Riera, 11 N.Y.2d 802, 227 N.Y.S.2d 250, 181 N.E.2d 850.) Thus, in the Boundy case, where we sustained the defendant's use of coram nobis, we decided that its availabili......
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People v. Sprague
...the court and in the hands of defense counsel. Defendant's sanity was then passed upon, and, as was said in People v. Riera (11 N.Y.2d 802, 803, 227 N.Y.S.2d 250, 181 N.E.2d 850), "The court was aware at all times of the mental condition of this defendant and said condition was a matter of ......
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