People v. McCoy

In a comm nobis proceeding, defendant appeals from an. order of the Supreme Court, Kings County, entered July 30, 1971, which denied *744the application without a hearing. Order reversed, on the law, and proceeding remitted to Criminal Term for a hearing and a new determination. In 1957 defendant was convicted of attempted burglary in the second degree, upon his plea of guilty, and sentenced to a prison term of from three to six years. He claims his guilty plea was induced by (1) a promise by both his lawyer and the District Attorney that if he pleaded guilty to attempted burglary in the second…