People v. De Fiore

In a coram nobis proceeding, order of the County Court, Nassau County, dated September 29, 1966 and made after a hearing, which denied defendant’s motion, to vacate a judgment of conviction rendered February 7, 1964, reversed, on the law and the facts, judgment and defendant’s guilty plea vacated, and defendant’s plea of not guilty reinstated. In our opinion, the proof shows that (1) the trial court, in exchange for defendant’s guilty plea, made an implied in fact promise to sentence defendant to a minimum term of approximately three and a half years; (2) the latter promise was made because…