26 A.D.2d 586 | N.Y. App. Div. | 1966
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 23, 1965, and two orders of said court, both entered February 11, 1966. The judgment convicted him of -bigamy, on a plea of guilty, and imposed sentence. One of the orders denied his motion to vacate the judgment and to permit him to withdraw his plea of guilty. The other order denied, without prejudice, his motion in the nature of coram nobis to vacate the judgment. Order determining the motion in the nature of coram nobis reversed, on the law, and motion remitted to the court below for further proceedings in accordance with the memorandum herewith. The procedure indicated in People v. Huntley (15 N Y 2d 72) should be followed insofar as applicable (cf. People v. Korda, 24 A D 2d 577). No questions of fact have been considered. The appeals from the judgment and .the order denying the motion to vacate the judgment and to permit defendant to withdraw his plea of guilty will be held in abeyance pending the hearing and new determination on the coram nobis motion. Defendant pleaded guilty to an indictment which charged that “ on or about Sept. 12, 1964, in the county of Queens, having at the time a wife living, namely Miriam Goodwyn, [he]
