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People v. Warren

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1966
25 A.D.2d 676 (N.Y. App. Div. 1966)

Opinion

March 21, 1966


In a coram nobis proceeding, defendant appeals from an order of the County Court, Dutchess County, entered June 8, 1965, which denied, without a hearing, his application to vacate a judgment of said court, rendered April 1, 1964, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence. Order affirmed, with leave to renew upon proper supporting papers. The affidavit of defendant was uncorroborated by supporting affidavits. Such corroboration is required where the defendant alleges that promises as to sentence were relayed to him from the District Attorney and the Trial Judge through his attorney ( People v. Scott, 10 N.Y.2d 380; People v. Vellucci, 13 N.Y.2d 665). The affidavits furnished for the first time on appeal are improper and may not be considered. Beldock, P.J., Christ, Hill, Rabin and Benjamin, JJ., concur.


Summaries of

People v. Warren

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1966
25 A.D.2d 676 (N.Y. App. Div. 1966)
Case details for

People v. Warren

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER FRANCIS WARREN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 1966

Citations

25 A.D.2d 676 (N.Y. App. Div. 1966)

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