People v. Doe

Defendant files this coram nobis motion under CPL 440.10 (subd 1, par [a]), to vacate his plea of guilty on the grounds that the court did not have personal jurisdiction. Defendant pleaded guilty by mail to a charge of speeding, his third violation within 18 months, and therefore, he was not personally arraigned as ordinarily required by CPL *462170.10 and section 1807 of ,the Vehicle and Traffic Law. His license was then revoked by the Commissioner of Motor Vehicles.

The statute, CPL 170.10, states that defendant "must appear personally at such arraignment”, with the proviso that personal…