People v. Petrillo

The defendant moves by way of coram nobis to vacate and set aside a judgment dated September 9, 1952, which convicted him, on his plea of guilty to robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentenced him to a term of not less than one and not more than three years to the Elmira Reception Center. The defendant claims that he appeared before the Grand Jury and at the instance of the District Attorney signed a waiver of immunity. He contends that this invalidated the indictment upon which the judgment is based because he was given…