People v. Melton

In June, 1962, the defendant pleaded guilty to manslaughter in the first degree in satisfaction of an indictment charging murder in the second degree. He was sentenced as a *329second-felony offender to a minimum of 20 years and a maximum of 25 years imprisonment.1 No appeal was taken from the judgment of conviction.

Nine years later, in August, 1971, this coram nobis proceeding ensued. While defendant alleges several grounds2 for vacating the 1962 judgment of conviction, he seeks, in essence, resentencing pursuant to People v. Montgomery (24 N Y 2d 130) for purposes of taking an appeal. With…