Appellate Division of the Supreme Court of New York, 1961

People v. Middleton

People v. Middleton
Appellate Division of the Supreme Court of New York · Decided July 5, 1961
14 A.D.2d 557; 218 N.Y.S.2d 76; 1961 N.Y. App. Div. LEXIS 9679
People v. Middleton

Opinion of the Court

The claimed defects in the proceedings and in the testimony before *558the Felony Court and the Grand Jury afford no basis for relief by way of coram nobis. (Cf. People ex rel. Hirschberg v. Close, 1 N Y 2d 258, 260-261; People v. Neeley, 4 A D 2d 1019; People v. Willett, 213 N. Y. 368, 375; People v. Manwaring, 3 A D 2d 952.) The purely eonelusory allegations in defendant’s affidavits that he was coerced into pleading guilty and that he was deprived of the effective assistance of counsel, did not present any factual issue requiring a hearing (cf. People v. Smyth, 3 N Y 2d 184, 187-188; People v. Brown, 7 N Y 2d 359, 360). Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.