Opinion
September 17, 1962
Frank S. Hogan, District Attorney ( Lemuel B. Schofield, II, of counsel), for plaintiff.
Frank Miller, defendant in person.
Boiled down to its legal level, this coram nobis petition, consisting of 37 typewritten sheets of legal cap and relating a prolix and effusive story of alleged events, contains, at most, the following issues raised for worthwhile judicial review: (1) illegal arrest; (2) illegal detention: (3) illegal search and seizure; (4) confession induced; and (5) guilty plea coerced.
Before, however, delving into a discussion of these questions, I make note here that defendant had, throughout the case, been represented by five attorneys, four of them assigned by the court, and the fifth, J.D.C. Murray, permitted by the court to appear as a family choice.
The grievances considered seriatim are disposed of as follows, keeping in mind the plea of guilty:
1. Illegal arrest is outside the realm of coram nobis relief. ( People v. Fairfield, 16 A.D.2d 992. See, also, Plummer v. United States, 260 F.2d 729.)
2. Illegal detention is also outside the realm. ( People v. Sandes, 9 Misc.2d 138. See, also, People v. Tyson, 6 Misc.2d 722.)
3. Illegal search and seizure has no place in coram nobis as a measure for relief after a plea of guilty and when a defendant has counsel. ( People v. Williams, 33 Misc.2d 538.)
4. The voluntariness of a confession is a point to be raised at the trial; a plea of guilty waives the question of its legality. ( People v. Nicholson, 11 N.Y.2d 1067. See, also, People v. Moore, 33 Misc.2d 251; People v. De Barros, 1 A.D.2d 845; People v. Brandau, 17 Misc.2d 830; People v. Roberts, 29 Misc.2d 621.)
5. In connection with this grievance, I quote defendant's own words (petition, p. 28 bottom): "the suggestion of petitioner's plea came solely through the efforts of the petitioner's misrepresentation of council or through the concern of his Father". (Emphasis supplied.) Misrepresentations by counsel, including the use of trickery and bad faith, cannot affect the judgment entered on a guilty plea. ( People v. Robertson, 35 Misc.2d 166. See, also, People v. Elfe, 34 Misc.2d 206; People v. Meyers, 16 A.D.2d 704; People v. Saladak, 15 Misc.2d 506.)
No corrobative affidavit was submitted either from any one of the attorneys or from defendant's father. (See People v. Portner, 34 Misc.2d 769.)
All and sundry, the allegations of the petition do not contain the quality of facts necessary to warrant this kind of relief; therefore, the motion is denied in its entirety. Motion denied.