People v. Tyson
| Decision Date | 02 July 1957 |
| Citation | 164 N.Y.S.2d 316,6 Misc.2d 722 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Amos J. TYSON, alias James A. Tyson, Defendant. |
| Court | New York County Court |
Angus G. Saunders, Dist. Atty. of Jefferson County, Watertown, for the People.
George P. McAloon, Alexandria Bay, for defendant.
A Hearing, upon application of the above-named defendant, Amos J. Tyson, alias James A. Tyson, for granting of a Writ of Error, Coram Nobis, seeking a modification of a sentence as a Second Felony Offender, rendered in this Court, in 1938, was held in the County Court of Jefferson County upon the 7th day of December, 1956. Defendant also sought his release on other grounds hereinafter mentioned. He was present in person and represented by counsel above-named, and the District Attorney of Jefferson County appeared for the People of the State of New York.
This is the third Coram Nobis proceeding that has been instituted by said defendant. Determinations with respect to some of the matters in controversy are reported in People v. Tyson, Co.Ct., 127 N.Y.S.2d 588.
A vast majority of the questions raised here have already been determined in the citation immediately above mentioned. To refer to that decision very briefly, it involved his aforesaid sentence as a Second Felony Offender, in this Court, in the year 1938, prior to the modification of a conviction as a Second Felony Offender in Broome County. The decision referred to held that he was properly sentenced as a Second Felony Offender in the Jefferson County Court, and his application for a Writ of Error, Coram Nobis, was denied.
Grounds upon which defendant relies in the instant application have been extremely difficult to determine, largely because grounds relied upon heretofore are intermingled with some additional material. However, it is gathered, from the moving papers, the testimony, and the memoranda, that he and his assigned attorney have submitted, that it is predicated upon the following statements:
1. During the time that he was under release on parole by the State of New York, after his sentence in 1938 as a Second Felony Offender, and the modification of the Broome County sentence reported as aforesaid, he was apprehended by various law enforcement officials in the State of New Jersey and the State of Connecticut. His Pleas of Guilty or convictions in those States resulted in suspended sentences, and he was thereafter returned to the State of New York.
His contentions are that his incarceration, if any, in any other jurisdiction, while he was released on parole by the State of New York, deprived him of his constitutional rights, and that he should be credited with the time that he was confined outside of New York State; and that his prosecution in any other jurisdiction constituted an interruption of his sentence in New York State, even though he was on parole, and outside New York State at such time, or times; and that he is consequently entitled to be released under his present application.
2. It appears, factually, that he received suspended sentences in the other States, and that he was only confined while awaiting arraignment, and that after these suspended sentences, he was returned to New York State authorities.
3. It further appears that he was afforded his constitutional rights to 'speedy trial', under both Federal and State statutes, and that he was not released to any other jurisdiction for imprisonment while he was on parole, and that he only was held in some other jurisdiction until his case or cases were disposed of; and that upon suspension of the execution of sentences in other jurisdictions, he was returned to the authorities in New York State; and that thereupon, the parole authorities of New York State caused his parole to be revoked, and calculated the length of the term that he should be required to serve, under his Judgment of...
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...F.2d 729. 2. Illegal detention is also outside the realm. People v. Sandes, 9 Misc.2d 138, 171 N.Y.S.2d 321. See also People v. Tyson, 6 Misc.2d 722, 164 N.Y.S.2d 316. 3. Illegal search and seizure has no place in coram nobis as a measure for relief after a plea of guilty and when a defenda......
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