Majority
p. 637(December 20, 1971) The People of the State of New York, Respondent, v. Robert Leroy Weeden, Appellant.
Appeal from an order of the County Court of Schenectady County, entered September 30,1970, which denied, without a hearing, appellant’s application for a writ of error coram nobis. Appellant was convicted on October 17, 1966 on his plea of guilty of the crime of incest and was sentenced on November 1, 1966 to a term of 3% to 10 years. Appellant does not show that at the time of the conviction he had a genuine appealable issue which he might have raised had he been advised of his right to appeal. His allegations standing alone are not sufficient to require a hearing. (People v. Saunders, 28 N Y 2d 196 ; People v. Ali, 35 A D 2d 435 .) Order affirmed. Herlihy, P. J., Greenblott, Cooke, Sweeney and Simons, JJ., concur.
Cases cited
- People v. Lynn 28 N Y 2d 196 p. 637
- People v. Ali 35 A D 2d 435 p. 637