People v. Seymour

• Court: New York County Court
• Writing for the Court: WILTSE
• Citation: 145 N.Y.S.2d 338,208 Misc. 894
• Decision Date: 27 October 1955
• Parties: PEOPLE of the State of New York, Plaintiff v. William Walter Leo SEYMOUR, Defendant.

Page 338

145 N.Y.S.2d 338 208 Misc. 894 PEOPLE of the State of New York, Plaintiff
v.
William Walter Leo SEYMOUR, Defendant. Jefferson County Court. Oct. 27, 1955.

Page 339

William Walter Leo Seymour, pro se.

Angus G. Saunders, Dist. Atty., of Jefferson County, Watertown, for the People.

WILTSE, Justice.

In the proceeding herein considered, the defendant-petitioner, asks that he be ordered to appear in the Jefferson County Court at a stated time, toward the end of producing testimony to vacate and set aside a judgment of conviction in this Court on or about February 9, 1955, whereby the said defendant was sentenced to serve a term of imprisonment in Attica State Prison at Attica, New York, for a term of not less than three and one-half years, nor more than ten years.

The application of the defendant is in the nature of a petition for a writ of error coram nobis for a review of the sentence under the judgment of conviction aforesaid.

[208 Misc. 895] In the first place, it should be stated, that upon the date aforesaid, the defendant was resentenced upon another application for a writ of error coram nobis, as a first felony offender, rather than as a second felony offender. He had been previously sentenced under a judgment of conviction for burglary in the third degree, as a second felony offender, on or about June 4, 1953. Defendant, at that time, had been allegedly convicted in the Tompkins County Court for a felony that occurred prior to his said conviction of burglary in the third degree, in Jefferson County.

A hearing was held upon the aforesaid application for a writ of error coram nobis after the defendant had caused his prior felony conviction in Tompkins County to be set aside. Reasons therefor are not here material. It should be noted, however, that the grounds for setting the same aside were, apparently, that the defendant, at the time of his Tompkins County conviction, was under the age of sixteen years. People v. Seymour, Co.Ct., 137 N.Y.S.2d 813.

After the setting aside of said Tompkins County conviction, the defendant was thereafter returned to the County Court of Jefferson County for resentence as a first felony offender. Under the judgment of conviction of burglary in the third degree, as a second felony offender,

Page 340

as stated above, he was originally sentenced to serve a term in Attica State Prison at Attica, New York, for not less than five years nor more than ten years. Upon his resentence as a first felony offender, as previously mentioned, he was sentenced to serve a term of not less than three and one-half years nor more than ten years in Attica State Prison. The present contention of the defendant-petitioner is that counsel was erroneously assigned to represent him upon his application for a writ of error coram nobis at...