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PEOPLE v. SCOTT

10 N.Y.2d 380 (1961)

The People of the State of New York, Respondent, v. Eugene Scott, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

James R. Tompkins and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Robert Popper and H. Richard Uviller of counsel), for respondent.

Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur in Memorandum; Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to remit the matter to the Court of General Sessions for a hearing on the ground that, since defendant in his coram nobis petition had pleaded facts which, if proven, would be grounds for coram nobis relief (People v. Richetti, ), the court had no power to impose any conditions for allowing such hearing.

MEMORANDUM:

Order affirmed in the following memorandum: In this coram nobis proceeding the defendant charges that his attorney communicated to him a promise made by the District Attorney and the General Sessions Judge while defendant was in court that if he pleaded guilty to first degree robbery he would receive a maximum sentence of 5 years. He admitted that he was armed at the time of the robbery, that he expected...

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