Legal Opinion
People v. Boundy
New York Court of Appeals
Decided January 25, 1962PublishedCited by 14 opinions
1Opinion of the Court
Chief Judge Desmond.
Defendant’s coram nobis application was denied at the Queens County Court without a hearing and the Appellate Division unanimously affirmed.
Petitioner alleges that he was insane on January 23, 1959 when he pleaded guilty to attempted robbery in the third degree and on April 17, 1959 when he was sentenced to 7% to 15 years in prison. Of course, if he was mentally incompetent at the time of his plea the judgment was void and coram nobis is the appropriate remedy (People v. Boehm, 309 N. Y. 362, 368). We think that the facts shown in the petition require as matter of law and…
2Cases cited3 opinions
- People v. EspositoNew York Court of Appeals · 1942
- People v. BoehmNew York Court of Appeals · 1955
- People v. FloraNew York Court of Appeals · 1953
3Cited by14 opinions
- People v. ArmlinNew York Court of Appeals · 1975
- People v. GenslerNew York Court of Appeals · 1988
- People v. GelikkayaNew York Court of Appeals · 1994
- United States of America Ex Rel. Charles Noia, Relator-Appellant v. Edwin M. Fay, as Warden of Greenhaven Prison, State of New YorkCourt of Appeals for the Second Circuit · 1962
- Thursby v. StateSupreme Judicial Court of Maine · 1966
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