22 Misc. 2d 309 | New York Court of General Session of the Peace | 1958
Jacob Berger, together with two codefendants, was indicted for murder in the first degree. During the course of trial, defendant Berger pleaded guilty to the crime of murder in the second degree before the Honorable Jonah J. Goldstein. On April 12, 1940, he was sentenced to State prison to a term of not less than 50 years and the maximum for his natural life. The defendant now seeks a writ of error coram nobis wherein he claims that his plea of guilty was a product of “ coercion, misrepresentation and fraud perpetrated upon him prior to bis plea of guilty by authorized officers of the Court,” and he furthermore claims that a confession was coerced out of him prior to his arraignment in Felony Court. The claim of coercion, with respect to Ms plea of guilty is based on the fact that his lawyers and his sister prevailed upon him to plead guilty so as to save the lives of all concerned. The petitioner further claims that Ms attorneys informed Mm that they were friends of the Presiding Justice; that he was humane; that he would impose the minimum sentence of 20 years; and, that the -attorneys would talk to the Judge for such consideration. Prior to the imposition of sentence, at the behest of tMs defendant, his -attorneys moved to withdraw his plea of guilty.