[DOWNLOAD] "People State New York v. George F. La Mere" by Supreme Court of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: People State New York v. George F. La Mere
• Author : Supreme Court of New York
• Release Date : January 19, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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[4 A.D.2d 840 Page 840] Appeal from an order of the County Court of St. Lawrence County which denied, without a hearing, a motion by defendant in
the nature of a writ of error coram nobis for an order vacating a judgment rendered February 6, 1939 upon defendant's conviction,
on a plea of guilty, of the crime of forgery in the second degree. The ground of the application is an alleged failure of
compliance with the provisions of sections 471 and 472 of the Code of Criminal Procedure requiring that "After a plea or verdict
of guilty * * * the court must appoint a time for pronouncing judgment" (§ 471) and that "The time appointed must be at least
two days after the verdict" (§ 472). The record discloses that defendant was sentenced on the day that he pleaded guilty and
does not indicate that this summary disposition was made by reason of defendant's waiver of the two-day delay or because the
court did not intend to remain longer in session. (§ 472.) The application was properly denied. Tested according to the principles
recently restated in People v. Sullivan (3 N.Y.2d 196) this case is not one for coram nobis. As in that case, the supposed
error was one of law, apparent on the [4 A.D.2d 840 Page 841]

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