¶1Appeal by defendant from an order of the County Court, Kings County, dated October 13, 1961, which denied, without a hearing, his motion for resentence as other than a fifth felony offender under a judgment of the County Court, Kings County, rendered February 24, 1955 upon his plea of guilty, convicting him of attempted robbery in the third degree, and sentencing him, as a fifth felony offender, to serve a term of 15 years to life. For the purposes of this appeal the order has been considered to be one made upon a coram nobis application to vacate the judgment of conviction, such an order being appealable by defendant (Code Crim. Pro., § 517, subd. 3). Order affirmed. No opinion. (See People v. Boyle, 16 A D 2d 942.) Beldock, P. J., Ughetta, Kleinfeld, Christ and Hill, JJ., concur.
16 A.D.2d 942
People v. Boyle
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1962
Appellate Division of the Supreme Court of the State of New York · decided 1962-06-11
Cited by 3 later decisions — most recently August 1965
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1962-06-11
View the full empirical analysis of this case →