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PEOPLE STATE NEW YORK v. KENNETH LANDIN (03/10/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


March 10, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH LANDIN, JR., APPELLANT

Appeal by defendant from an order of the County Court, Suffolk County, dated July 26, 1968, which, without a hearing, denied his coram nobisapplication to vacate a judgment rendered March 3, 1965, convicting him of manslaughter in the first degree on his plea of guilty.

Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.

Defendant's motion was based on the claim that his plea of guilty should not have been accepted without an interrogation by the court into the facts showing his guilt and that his motion, prior to sentence, to withdraw his plea should have been granted. In our opinion, coram nobis was not available as a remedy to raise those contentions, as they were reviewable on appeal from the judgment of conviction (cf. People v. Brown, 13 N.Y.2d 201, 204). We have, however, examined defendant's arguments and find them without merit (cf. People v. Nixon, 21 N.Y.2d 338, 353, 355; People v. Sparaco, 14 N.Y.2d 786).

Disposition

Order affirmed.

19690310

© 1998 VersusLaw Inc.



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