PEOPLE v. RICHETTI


302 N.Y. 290 (1951)

The People of the State of New York, Respondent, v. Michael Richetti, Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1951


Attorney(s) appearing for the Case

James J. Abernethy for appellant.

Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.

LOUGHRAN, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion in which LEWIS and FROESSEL, JJ., concur.


DESMOND, J.

In 1949, this defendant, confined in Dannemora Prison, moved in the County Court of Queens County (by a "coram nobis" type application), to set aside a 1922 judgment of that court convicting him of, and sentencing him for, two felonies. Defendant's stated grounds were two: first, that his 1922 sentence was void in that, at the time he (then seventeen years old) pleaded guilty he was in no wise...

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