Legal Opinion
People v. Gencarelli
New York Court of General Session of the Peace
Decided December 18, 1958PublishedCited by 8 opinions
1Opinion of the CourtThomas Dickens, J.
At this hearing as the sequence to the motion for eoram nobis relief, only one of the several original grounds was urged as a challenge to the validity of the judgment of conviction on a plea of guilty, to wit: the removal of an indictment alleging a date in the future for the commission of the crime and the substitution of another, now in issue, alleging a date in the past. Fraud or misrepresentation is not involved as a subject of inquiry.
At this stage, it should be observed that the charge was defendant’s burden to prove by a preponderance of evidence. (People v. Cooper, 307 N. Y. 253;…
2Cases cited9 opinions
- People v. CooperNew York Court of Appeals · 1954
- People v. OddoAppellate Division of the Supreme Court of the State of New York · 1954
- People v. HasenstabAppellate Division of the Supreme Court of the State of New York · 1954
- People v. EastmanNew York Court of Appeals · 1953
- People v. CanforaNew York Court of General Session of the Peace · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. BrimNew York Court of General Session of the Peace · 1960
- People v. KassNew York Court of General Session of the Peace · 1962
- Hedgecock v. Oneida County Court, New York County Courts1959
- People v. WoodruffNew York Court of General Session of the Peace · 1961
- People v. PassanteNew York Court of General Session of the Peace · 1960
3 more not listed; retrieve them via the Exa API.