People v. Zilliner

Decision Date04 June 1964
Parties, 200 N.E.2d 574 The PEOPLE, etc., Appellant, v. Edmund ZILLINER, Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 19 A.D.2d 806, 243 N.Y.S.2d 384.

An application for a writ of error coram nobis was denied without a hearing by the former Bronx County Court, Edward T. McCaffrey, J., and the applicant appealed.

The Appellate Division held that the accused who pleaded guilty to indictment charging robbery in first degree was entitled to a hearing on his contention that he was induced to plead guilty by reason of fraudulent threatening and coercive statements, and reversed the order and remanded the matter for hearing.

The People appealed to the Court of Appeals.

Isidore Dollinger, New York City (Walter E. Dillon, New York City, of counsel), for appellant.

Matthew Muraskin and Anthony F. Marra, New York City, for defendant-respondent.

Order affirmed. (People v. Pearson, 12 N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500).

All concur except SCILEPPI, J., who dissents and votes to reverse.

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8 cases
  • People v. Dash
    • United States
    • New York Court of Appeals Court of Appeals
    • April 22, 1965
    ...N.Y.2d 978, 238 N.Y.S.2d 967, 189 N.E.2d 500; People v. Lake, 14 N.Y.2d 790, 250 N.Y.S.2d 816, 199 N.E.2d 847; People v. Zilliner, 14 N.Y.2d 834, 251 N.Y.S.2d 682, 206 N.E.2d 574). Orders ...
  • People v. Granello
    • United States
    • New York Court of Appeals Court of Appeals
    • October 27, 1966
    ...814, 271 N.Y.S.2d 266, 218 N.E.2d 310; People v. Russell, 15 N.Y.2d 657, 255 N.Y.S.2d 874, 204 N.E.2d 205; People v. Zilliner, 14 N.Y.2d 834, 251 N.Y.S.2d 682, 200 N.E.2d 574; People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, 151 N.E.2d 191.) Although, when he entered his guilty plea, the......
  • People v. Thomas
    • United States
    • New York Supreme Court — Appellate Division
    • March 11, 1968
    ...on their face to require a hearing (People v. Picciotti, 4 N.Y.2d 340, 175 N.Y.S.2d 32, 151 N.E.2d 191; People v. Zilliner, 14 N.Y.2d 834, 251 N.Y.S.2d 682, 200 N.E.2d 574; People v. Glasper, 14 N.Y.2d 893, 252 N.Y.S.2d 92, 200 N.E.2d 776; People v. Lake, 14 N.Y.2d 790, 250 N.Y.S.2d 816, 19......
  • People v. Elfe
    • United States
    • New York Court of Appeals Court of Appeals
    • July 7, 1966
    ...on their face to require a hearing. (People v. Glasper, 14 N.Y.2d 893, 252 N.Y.S.2d 92, 200 N.E.2d 776; People v. Zilliner, 14 N.Y.2d 834, 251 N.Y.S.2d 682, 200 N.E.2d 574; People v. Pearson, 12 N.Y.2d 975, 238 N.Y.S.2d 967, 189 N.E.2d All concur except SCILEPPI and KEATING, JJ., who dissen......
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