People v. Russell

Citation15 N.Y.2d 657,204 N.E.2d 205,255 N.Y.S.2d 874
Parties, 204 N.E.2d 205 The PEOPLE, etc., Respondent, v. James RUSSELL, Appellant.
Decision Date03 December 1964
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 852, 247 N.Y.S.2d 852.

Defendant, who had pleaded guilty to first degree robbery, made a motion for writ of error coram nobis to vacate and set aside a judgment of the former Court of General Sessions of the County of New York convicting the defendant on his plea of guilty of first degree robbery.

The Supreme Court, Special and Trial Term, New York County, George Postel, J., entered an order denying the motion without a hearing, and the defendant appealed.

The Appellate Division affirmed the order

The defendant appealed to the Court of Appeals, contending that the Supreme Court, Special and Trial Term, New York County, erred in denying a hearing because the allegations of the defendant were neither denied by the People nor conclusively shown to be false by the opposing papers and the record, and that the allegations, if proven, were sufficient to vacate the judgment and the plea of guilty.

Eve M. Preminger, New York City, for petitioner-appellant.

Frank S. Hogan, New York City (H. Richard Uviller and Robert B. Sperling, New York City, of counsel), for respondent.

Order reversed and the case remitted to the Supreme Court, New York County, for a hearing upon the ground that the record indicates sufficient earnest of good faith to justify the granting of a hearing (cf. People v. Scott, 10 N.Y.2d 380, 223 N.Y.S.2d 472, 179 N.E.2d 486).

All concur.

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