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People v. Hines

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1963
18 A.D.2d 1016 (N.Y. App. Div. 1963)

Opinion

March 18, 1963


In a coram nobis proceeding, defendant appeals from an order of the former County Court, Kings County, dated July 17, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered July 9, 1959 on his plea of guilty, convicting him of rape in the first degree, and imposing sentence. Order reversed on the law and the facts, and proceeding remitted to the court below for the purpose of holding a hearing, taking proof on the issue of defendant's sanity at the time of his plea and sentence, and making a determination on the basis of all the proof adduced. The defendant's claim that he was insane when he pleaded guilty and when he was sentenced, supported by some evidence of the fact, requires a hearing ( People v. Sprague, 11 N.Y.2d 951; People v. Boundy, 10 N.Y.2d 518; People v. Jones, 17 A.D.2d 970). Ughetta, Acting P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.


Summaries of

People v. Hines

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1963
18 A.D.2d 1016 (N.Y. App. Div. 1963)
Case details for

People v. Hines

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK HINES, Appellant

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

Date published: Mar 18, 1963

Citations

18 A.D.2d 1016 (N.Y. App. Div. 1963)
238 N.Y.S.2d 1022

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