People v. Nickerson

— Order reversed on the law and matter remitted to the Onondaga County Court for a hearing, in accordance with the memorandum. Memorandum: We believe that coram nobis is the proper remedy to raise the claim that defendant was insane at the time of plea within the meaning of section 1120 of the Penal Law (Adler v. State, 35 Ark. 517; Hawie v. State, 121 Miss. 197; People v. Wolfe, 114 N. Y. S. 2d 447, affd. 280 App. Div. 874). That is a question of fact not apparent of record. (Matter of Leonard V. Barnes, 280 App. Div. 1, affd. 303 N. Y. 989.) In contrast to People v. Flora (281 App. Div.…