Legal Opinion

People v. La Plante

New York County Courts

Decided February 16, 1955Published

1Opinion of the CourtLa whence, J.

In 1951, the defendant pled guilty to a misdemeanor before a Police Justice.

In 1955, he made application to the same Police Justice for a writ in the nature of a writ of error coram nobis, to set aside the judgment of conviction. It is unnecessary to set forth the grounds of such application because no notice of the application was given to the District Attorney. The Police Justice granted the order.

The People of the State of New York appealed to this court from that order, after the District Attorney learned of it.

The question presented to me is whether or not the People of the State of New…

2Cases cited5 opinions

  1. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  2. Smith v. KingsleyNew York Supreme Court · 1838
  3. Ferris v. DouglassNew York Supreme Court · 1839
  4. Maher v. ComstockNew York Supreme Court · 1845
  5. Comstock v. Van SchoonhovenNew York Supreme Court · 1845

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