Legal Opinion

United States ex rel. Homchak v. People of New York

Court of Appeals for the Second Circuit

Decided October 14, 1963No. 112, Docket 28366PublishedCited by 26 opinions

1Per curiam

Michael John Homchak, the relator, was convicted on a plea of guilty of murder in the second degree on June 3, 1940, in the Queens County Court and sentenced to a term of 25 years to life imprisonment. In October 1960, relator for the first time sought a post-conviction remedy in the state courts on the ground that his plea of guilty had been induced by the unfulfilled promise of the state trial court and the state prosecutor that his sentence would not exceed 20 years to life imprisonment.

Application for a writ of error coram nobis was denied by the Queens County Court on November 16, 1960,…

2Cases cited2 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1963

3Cited by26 opinions

  1. United States ex rel. Ross v. McMannCourt of Appeals for the Second Circuit · 1969
  2. United States Ex Rel. Amuso v. LaValleeDistrict Court, E.D. New York · 1968
  3. United States Ex Rel. Weiss v. FayDistrict Court, S.D. New York · 1964
  4. United States Ex Rel. Hicks v. FayDistrict Court, S.D. New York · 1964
  5. United States v. KeoghDistrict Court, S.D. New York · 1967

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