People v. Stevenson
| Decision Date | 02 October 1961 |
| Citation | 219 N.Y.S.2d 1001,14 A.D.2d 779 |
| Parties | PEOPLE of the State of New York, Respondent, v. Harris STEVENSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Harris Stevenson, pro se.
Edward S. Silver, Dist. Atty., Brooklyn, for respondent. Wm. I. Siegel, Brooklyn, of counsel.
Before NOLAN, P. J., and UGHETTA, CHRIST, PETTE and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from an order of the County Court, Kings County, dated December 2, 1955, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered December 30, 1952, convicting him, after a jury trial, of robbery in the first degree, and sentencing him as a third felony offender to serve a term of 15 to 25 years.
Order affirmed.
The purely conclusory allegations in defendant's petition that the conviction was procured by reason 'of perjury, fraud and misrepresentation of the People's witnesses as to the identification of petitioner' did not present any factual issue requiring a hearing (People v. Fanning, 300 N.Y. 593, 89 N.E.2d 881; People v. Oddo, 300 N.Y. 649, 90 N.E.2d 896). The alleged failure of the sentencing court to comply with the mandate of section 480 of the Code of Criminal Procedure cannot be raised by means of a writ of error coram nobis (People v. Sullivan, 3 N.Y.2d 196, 165 N.Y.S.2d 6, 144 N.E.2d 6).
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