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People v. Ashley

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1962
17 A.D.2d 832 (N.Y. App. Div. 1962)

Opinion

October 9, 1962


In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated December 1, 1961, denying his application, without a hearing, to vacate a judgment of said court, rendered November 4, 1960, on his plea of guilty, convicting him of attempted forgery in the second degree, and imposing sentence (see People v. Ashley, 13 A.D.2d 839). Order affirmed. The record contains no specific allegations of fact to support defendant's claim that he pleaded guilty by reason of the fraud and trickery of a representative of the District Attorney. The record contains only the bare conclusory allegation to this effect. Such a conclusory allegation is insufficient in law, without some supporting factual detail, to justify the granting of a hearing or any relief in a coram nobis proceeding. Beldock, P.J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.


Summaries of

People v. Ashley

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1962
17 A.D.2d 832 (N.Y. App. Div. 1962)
Case details for

People v. Ashley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARVEY M. ASHLEY…

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

Date published: Oct 9, 1962

Citations

17 A.D.2d 832 (N.Y. App. Div. 1962)

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