People v. Pieters

Order unanimously reversed, indictment dismissed, and matter remitted to Family Court of Monroe County for further proceedings in accordance with the Memorandum. Memorandum: The question presented is whether a defendant, allegedly convicted under a so-called indictment for assault upon his wife, after having entered a plea of guilty to assault, first degree, before the County Court of Monroe County may raise, in this coram nobis proceeding, the contention that the purported indictment and his arraignment and plea thereunder, violated his constitutional rights. In November, 1963 after the…