Majority
p. 865The People of the State of New York, Respondent, v. Richard J. Leonard, Appellant.
Appeal from an order of the County Court, Broome County, denying appellant’s petition for a writ of error coram nobis without a hearing. Not only was the petition properly denied on the ground that it merely raised essentially the same issues which appellant had asserted in a previous petition (People v. Sullivan, 4 N Y 2d 472 ; People v. Mazzella, 30
p. 866
A D 2d 681 ) but even if reached on the merits appellant’s plea of guilty precludes his raising the question of the legality of his confession (People v. Nicholson, 11 N Y 2d 1067 , cert. den. 371 U. S. 929 ; People v. Griffin, 16 N Y 2d 508 ) and his indictment precludes his raising the alleged infirmities he asserts as occurring at the time of arraignment (People v. Meadows, 19 N Y 2d 988 ; People v. Smith, 29 A D 2d 578 ; People v. Seabold, 29 A D 2d 791 ). Order affirmed. Herlihy, P. J., Reynolds, Staley, Jr., and Cooke, JJ., concur in memorandum by Reynolds, J.; Greenblott, J., taking no part.
Cases cited
- People v. Sullivan 4 N Y 2d 472 p. 865
- People v. Nicholson 11 N Y 2d 1067 p. 866
- People v. Griffin 16 N Y 2d 508 p. 866
- People v. Meadows 19 N Y 2d 988 p. 866
- People v. Seabold 29 A D 2d 791 p. 866