People v. Scott

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: DESMOND, C. J., and FULD
• Citation: People v. Scott, 223 N.Y.S.2d 472, 10 N.Y.2d 380, 179 N.E.2d 486 (N.Y. 1961)
• Decision Date: 07 December 1961
• Parties: , 179 N.E.2d 486 The PEOPLE of the State of New York, Respondent, v. Eugene SCOTT, Appellant.

Page 472

223 N.Y.S.2d 472

10 N.Y.2d 380, 179 N.E.2d 486

The PEOPLE of the State of New York, Respondent, v. Eugene SCOTT, Appellant.

Court of Appeals of New York.

Dec. 7, 1961.

James R. Tompkins and Anthony F. Marra, New York City, for appellant.

Frank S. Hogan, Dist. Atty., New York City (Robert Popper and H. Richard Uviller, New York City, of counsel), for respondent.

MEMORANDUM.

Order affirmed in the following memorandum: In this coram nobis proceeding the defendant charges that his attorney communicated to him a promise made by the District Attorney and the General Sessions Judge while defendant was in court that if he pleaded guilty to first degree robbery he would receive a maximum sentence of 5 years. He admitted that he was armed at the time of the robbery, that he expected to share in the proceeds of this robbery and had been sharing in the proceeds of other robberies. He also admitted being aided by at least one accomplice. When given not less than 15 nor more than 20 years in State prison, he said not a word about any broken promise to sentence him for not to exceed 5 years. Assuming the truth of the allegation of his petition that his attorney told him that if he pleaded guilty he would receive a maximum sentence of 5 years, it would be necessary for him in order to succeed to establish that this allegedly broken promise had been made to his attorney by the Judge or District Attorney. Any substance to this coram nobis proceeding would depend upon the testimony of the lawyer who represented him at the time of his plea. It was not error to have insisted that petitioner obtain an affidavit from this lawyer who is living and available, as a minimum earnest of good faith to justify...