People v. Vasquez

This motion in coram nobis instituted by defendant in person, attacks the validity of the sentence. I shall consider the substance of the application and disregard its label. (People v. Culina, 5 Misc 2d 663; Eli Frank, Coram Nobis [Supp.], Errors of Law, pp. 20, 21.)

To sustain the merit of this application, defendant relies upon his complaint that it was illegal for the sentencing Judge to send him to the penitentiary for an indefinite term upon his plea of guilty interposed to an indictment charging him with criminally possessing a pistol after a prior conviction.

The alleged illegality is…