AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS KEEHNER, Appellant.

In a coram nobis proceeding, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated July 28, 1965 and made on reargument, as adhered to the original order of said court, dated June 21, 1965, denying, without a hearing, his application to vacate a judgment of the former County Court, Queens County, rendered June 30, 1953, which convicted him of forgery in the third degree. Order affirmed insofar as appealed from. Defendant and his uncle were indicted in December, 1952. Both were charged with felonies. The uncle, Frank Keehner, apparently had a prior felony conviction. Defendant, on his motion for reargument, in effect alleged that the District Attorney had stated, in his own attorney's presence, that if he pleaded guilty to a felony his uncle would be permitted to plead to a misdemeanor and would thereby get "a good break". He was also told that he would "receive a small sentence to Rikers Island". These allegations, even if true, would not entitle defendant to relief. The statements allegedly made by the District Attorney, were not coercive or threatening ( People v. Henzey, 24 A.D.2d 764; People v. Nostro, 24 A.D.2d 1008). A mere broken promise as to sentence would entitle defendant to be resentenced, were his sentence not expired, but would not also permit the withdrawal of his guilty plea ( People v. Brooks, 18 A.D.2d 710). Beldock, P.J., Christ, Rabin, Benjamin and Nolan, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. KEEHNER
(Jun 12, 1967)