People v. Simmons

Appellant appeals from (1) an order of the County Court of Cayuga County denying without a hearing, his motion for a writ of coram nobis to vacate and expunge a judgment of conviction entered upon a plea of guilty of the crime of assault in the second degree, and (2) a judgment and resentence imposed on November 13, 1953, by the same court committing him nunc pro tunc as of November 14,1950, the date of imposition of sentence for assault, second degree, to the New York State Reception Center at Elmira for classification and confinement pursuant to article 3-A of the Correction Law. These are…