People v. Cline

Order unanimously reversed and matter remitted to Herkimer County Court for a hearing. Memorandum: In his application for a writ of error coram nobis, defendant asserts that at the time of his plea of guilty to a felony charge, he was not represented by counsel, not properly advised of his right to an attorney and did not understandingly and intelligently waive his right to representation. The only proof offered in opposition to defendant’s contention is a statement in the clerk’s minutes that at the date in question defendant was “ arraigned and has no counsel and says he does not want any.”…