People v. Rogers

By a petition verified June 30, 1970, defendant seeks a writ of error coram nobis to vacate his judgment of conviction for the crime of burglary, third degree, entered December 5, 1955, to which he pled guilty, upon the ground that he was not advised of his right to an appellate review of this plea. The basis for the relief requested, of course, is found in the decision of People v. Montgomery (24 N Y 2d 130). Defendant alleges that neither his counsel nor the court advised him of the right to appeal after he had been sentenced to one year in the Broome County Jail. An answering affidavit…