People v. Gianni

This is an application in the nature of a writ of error coram nobis, to vacate and set aside a judgment of the Westchester County Court, dated December 30, 1937, wherein the defendant herein, after a trial by jury, was convicted of the crime of rape in the first degree and the crime of assault in the second degree.

The petitioner’s moving papers state that on June 12, 1936,' he pleaded guilty to a felony before a court of competent jurisdiction in this State, but on June 15,1936, sentence was deferred by said court and he was placed on probation. The petitioner now contends that after having…