People v. Darling

This is an appeal from an order of the Broome County Court which denied defendant-appellant’s petition for a writ of error coram nobis, without a hearing. The basis of the petition is appellant’s insistence that he was not represented by counsel at the time of arraignment and plea of guilty to an indictment for grand larceny, second degree, in 1953. The defendant upon his petition raises questions as to the indictment to which he pleaded guilty. The indictment was undoubtedly insufficient proeedurally and subject’ to being set aside under sections 269 and 313 of the Code of Criminal…