Legal Opinion

People v. Whalen

New York County Courts

Decided November 15, 1960PublishedCited by 7 opinions

1Opinion of the CourtJohn J. Walsh, J.

This is an application for a writ of error coram nobis. Petitioner contends that the indictment which was returned against him, in 1958 upon which he pleaded guilty bears the invalid indorsement of one Charles L. Finch therein as fore*715man. His argument is that since Charles L. Finch was disqualified to serve as a grand juror, his signature is a nullity and section 268 of the Code of Criminal Procedure was not complied with.

While serious doubt exists that this claim may be made upon an application for a writ of error coram nobis, particularly in view of a plea of guilty to the indictment, the…

2Cases cited2 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. People v. PizzimentiNew York Supreme Court · 1958

3Cited by7 opinions

  1. Miller v. StateAlaska Supreme Court · 1969
  2. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. MarineNew York Supreme Court · 1989
  4. State v. RoarkCourt of Appeals of Alaska · 1985
  5. People v. PattersonCriminal Court of the City of New York · 1990

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API