People v. Spencer

This is a motion by the defendant for a writ of error coram nobis to vacate the judgment of conviction on the ground that he was not advised of his right .to appeal and for resentence. No notice of appeal was ever filed. The defendant was convicted of the crime of robbery in the first degree, unarmed, on his plea of guilty and on June 26, 1957 sentenced as a third felony offender to Sing Sing Prison to a term of 45 to 60 years (Marasco, J.).

This court conducted a hearing pursuant to an order made by Mr. Justice Damiani on September 29, 1969. The court finds from the testimony adduced that the…