¶1In a coram nobis proceeding, defendant appeals from" an order of the Supreme Court, Queens County, dated May 18, 1971, which denied the application, without a hearing. Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing and a new determination. In our opinion, when defendant in 1966 waived the right to question the constitutionality of his prior Pennsylvania convictions he did not understand the nature of his waiver. A hearing pursuant to section 1943 of the former Penal Law should be held to allow him to bring in proof that the Pennsylvania convictions could not be used as a predicate for multiple offender treatment. Munder, Acting P. J., Martuscello, Latham, Brennan and Benjamin, JJ., concur.
42 A.D.2d 739
People v. Wallace
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-07-09
Cited by 1 later decisions — most recently December 1975
Good law ✅— No negative treatment on recordhow we know
Decided 1973-07-09
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