Appellate Division of the Supreme Court of New York, 1970

People v. Grier

People v. Grier
Appellate Division of the Supreme Court of New York · Decided May 25, 1970
34 A.D.2d 830; 313 N.Y.S.2d 335; 1970 N.Y. App. Div. LEXIS 4717
People v. Grier

Opinion of the Court

In a eoram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated June 6, 1967, which denied *831the'application without a hearing. Order affirmed. The record clearly demonstrates that defendant’s claims are without factual support and that there is no reasonable probability at all that his averments are true (People v. Richetti, 302 N. Y. 290; People v. White, 309 N. Y. 636). Moreover, in our opinion, a promise of leniency by a police sergeant, claimed to have induced defendant’s guilty plea, is not a basis for nullifying the plea, absent proof that the prosecutor or his duly authorized representative or the court participated therein. Since no claim is made that such was the situation at bar, no hearing is indicated. Christ, P. J., Munder, Martuscello, Latham and Kleinfeld, JJ., concur.

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