People v. Betillo

In 1936, defendant, who had then been indicted on a number of counts involving moral turpitude, was subsequently convicted after trial, and later, sentenced to a cumulative .term of not less than 25 years nor more than 40. He now moves, by coram nobis, in conformity with the authority of People v. Shaver (26 A D 2d 735) to invalidate the sentence.

The gravamen of this application, in its employment as the medium of attack upon the validity of the sentence imposed upon defendant, has, as pressed by defendant, for its pitch the nervus probandi of constitutionality, predicated upon the…