People v. Robertson

CourtNew York Court of General Sessions
Writing for the CourtTHOMAS DICKENS
Citation229 N.Y.S.2d 37,35 Misc.2d 166
Decision Date12 June 1962
PartiesThe PEOPLE of the State of New York v. Randy ROBERTSON, Defendant.

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229 N.Y.S.2d 37
35 Misc.2d 166
The PEOPLE of the State of New York
v.
Randy ROBERTSON, Defendant.
Court of General Sessions, New York County.
June 12, 1962.

Page 38

Frank S. Hogan, Dist. Atty. (by Robert E. Goldman, New York City, of counsel), for the People.

Randy Robertson, in pro. per.

THOMAS DICKENS, Judge.

The enumeration following forms the substantial high lights of the critique of the judgment of conviction as set down in defendant's petition:

1. Misrepresentation by counsel.

2. Deprivation of the statutory rights under action 480 of the Code of Criminal Procedure (the allocution).

3. Inexperience of the trial judge.

4. 'Arrested and booked but not for Homicide and was never confronted with a magistrate judge concerning homicide or any judge or justice until he answered to an indictment in General Sessions for the crime 'First Degree Murder." Petition p. .

No charge of either fraud, deceit, misrepresentation, or trickery, is made against the Court or the District Attorney.

I shall discuss these criticisms in the order as listed.

The nature of the alleged misrepresentation is that counsel had lied to defendant 'about motions he wanted made concerning[35 Misc.2d 167] the plea' and 'About his being allowed to testify in the absence of the jury.' Petition, p. 2. Such alleged misconduct on the part of counsel, assuming it to be so, does not support this kind of motion in law. Cf. People v. Walker, 26 Misc.2d 940, 206 N.Y.S.2d 377. Representations by counsel, whether true or not, do not come within the classification of official deception; consequently, the alleged deceptions, are of no avail in support of a motion in coram nobis. People v. Cruz, Gen.Sess., 202 N.Y.S.2d 556. Furthermore, a motion for coram nobis relief cannot be employed to vacate a plea of guilty tendered in open court by a defendant appearing by counsel, where no fraud is attributable to the Court or to the People. People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143. See also, People v. Lyons, 19 Misc.2d 606, 196 N.Y.S.2d 446, holding that trickery and bad faith by counsel, are not legal grounds for coram nobis relief. See also, People v. Smith, 109 Cal.App.2d 76, 239 P.2d 903.

It has become an inveterate rule in the law that a complaint involving the allocution in a case, is outside the realm of coram nobis. See

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Eli Frank on Coram Nobis (1954-1960 Cum.Supp., p. 37), par. 302[a], p. 54. See also, People v. Moss, 8 A.D.2d 868, 187 N.Y.S.2d 68; People v. Dingman, 6...

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2 practice notes
  • People v. Miller
    • United States
    • United States State Supreme Court (New York)
    • September 17, 1962
    ...by counsel, including the use of trickery and bad faith, cannot affect the judgment entered on a guilty plea. People v. Robertson, 35 Misc.2d 166, 229 N.Y.S.2d 37 . See also People v. Elfe, 34 Misc.2d 206, 228 N.Y.S. 220; People v . Meyers, 16 A.D.2d 704, 227 N.Y.S.2d 969; People v. Saladak......
  • 940 St. Nicholas Ave. Corp. v. Grant
    • United States
    • New York Supreme Court — Appellate Term
    • June 21, 1962
    ...for appellant. Page 208 Mortimer Getzels (Legal Aid Society), Abraham Eckstein, and Ciceil L. Gross, of counsel, for respondent. Before [35 Misc.2d 166] HECHT, J. P., and HOFSTADTER and TILZER, PER CURIAM. The record clearly establishes that tenant's conduct in repeatedly failing and refusi......
2 cases
  • People v. Miller
    • United States
    • United States State Supreme Court (New York)
    • September 17, 1962
    ...by counsel, including the use of trickery and bad faith, cannot affect the judgment entered on a guilty plea. People v. Robertson, 35 Misc.2d 166, 229 N.Y.S.2d 37 . See also People v. Elfe, 34 Misc.2d 206, 228 N.Y.S. 220; People v . Meyers, 16 A.D.2d 704, 227 N.Y.S.2d 969; People v. Saladak......
  • 940 St. Nicholas Ave. Corp. v. Grant
    • United States
    • New York Supreme Court — Appellate Term
    • June 21, 1962
    ...for appellant. Page 208 Mortimer Getzels (Legal Aid Society), Abraham Eckstein, and Ciceil L. Gross, of counsel, for respondent. Before [35 Misc.2d 166] HECHT, J. P., and HOFSTADTER and TILZER, PER CURIAM. The record clearly establishes that tenant's conduct in repeatedly failing and refusi......

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