PEOPLE v. GRIFFIN


7 N.Y.2d 511 (1960)

The People of the State of New York, Respondent, v. Alvin Griffin, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1960.


Attorney(s) appearing for the Case

Frederic G. Corneel and Anthony F. Marra for appellant.

Edward S. Silver, District Attorney (William I. Siegel, David Diamond and Raymond J. Scanlan of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, FROESSEL and FOSTER concur with Judge VAN VOORHIS; Judges DYE and BURKE dissent and vote to affirm.


VAN VOORHIS, J.

The relator has appealed from the affirmance of an order dismissing a coram nobis application. Appellant contends that he was misled respecting sentence in pleading guilty to a lesser offense than was charged in the indictment.

The indictment charged assault in the second degree in two counts committed upon the same victim on the same date. The first count alleged the infliction...

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