People v. Weintraub

• Decision Date: 13 February 1973
• Citation: 340 N.Y.S.2d 675,41 A.D.2d 660
• Parties: The PEOPLE, etc., Respondent, v. Alan WEINTRAUB, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 675

340 N.Y.S.2d 675

41 A.D.2d 660

The PEOPLE, etc., Respondent, v.Alan WEINTRAUB, Appellant.

Supreme Court, Appellate Division, Second Department.

Feb. 13, 1973.

Before RABIN, P.J., and HOPKINS, MUNDER, MARTUSCELLO and CHRIST, JJ.

MEMORANDUM BY THE COURT.

Appeals by defendant(1) from a judgment of the Supreme Court, Queens County, rendered February 18, 1972, convicting him of criminal possession of stolen property in the second degree, upon a plea of guilty, and sentencing him to an indeterminate prison term of not more than three years, to be served concurrently with another sentence defendant was then serving, and (2) by permission from an order of the same court, dated March 15, 1972, which denied, without a hearing, defendant's application in the nature of a writ of error Coram nobis to vacate said judgment.

Judgment affirmed, without prejudice to the claims asserted in the Coram nobis application.No opinion.

Order reversed, on the law, and application granted to the extent of granting a hearing, to be held at the Criminal Term before a Justice other than the one who presided at the guilty pleading and the sentencing.

Defendant was convicted on his plea of guilty on January 24, 1972 and sentenced on February 18, 1972.On or about February 25, 1972he brought this Coram nobis...