People v. Gilmore

This is an application by a prisoner in the Clinton prison at Dannemora, New York, who has been thus confined for a period of 21 years, in the form of a writ of error coram, nobis. The basis of his application is that the sentence that was imposed by the then County Judge of the County of Columbia was so grossly excessive that it constitutes an illegal and unconstitutional sentence. In a previous decision (16 Misc 2d 578) this court decided to grant a hearing on his application.

Because there is no record of the trial, and because the court stenographer who took the testimony is now dead, the…