Legal Opinion

People v. Nicholson

New York Court of Appeals

Decided July 6, 1962PublishedCited by 14 opinions

1Per curiam

A defendant who has knowingly and voluntarily pleaded guilty may not thereafter attack the judgment of conviction entered thereon by coram nobis or other post-conviction remedy on the ground that he had been coerced into making a confession and that the existence of such coerced confession induced him to enter the plea of guilty. If a defendant desires to contest the voluntariness of his confession, he must do so by pleading not guilty and then raising the point upon the trial; he may not plead guilty and then, years later, at a time when the prosecution is perhaps unable to prove its case,…

2Cited by14 opinions

  1. People v. FrancisNew York Court of Appeals · 1975
  2. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1980
  3. United States of America Ex Rel. Melvin Vaughn, Relator-Appellant v. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1963
  4. United States of America Ex Rel. Nicholas J. Marinaccio, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1964
  5. People v. TempleMichigan Court of Appeals · 1970

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