MATTER OF JULIANE v. CHEMUNG COUNTY COURT


280 A.D. 1018 (1952)

In the Matter of Michael Juliane, Appellant, v. Chemung County Court, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.


Appellant's contention is that he was not informed of his right to counsel at the time he entered a plea of guilty. He was denied a hearing coram nobis on the basis that the County Judge's minutes indicate that he was informed of his right to counsel. The records, other than the Judge's minutes, are silent as to that issue. We think an issue of fact was raised that required a trial. Doubtless, the Judge's minutes were competent evidence but they do not appear to be...

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