5 A.D.2d 688 | N.Y. App. Div. | 1957
Appeal from an order of the County Court, Nassau County, denying an application in the nature of a writ of error coram nobis to set aside a judgment of said eourt convicting appellant, on his plea of guilty, of burglary in the second and third degrees, grand larceny in the first and second degrees, and petit larceny. Order reversed on the law and the facts and matter remitted to the County Court for a hearing and for such other and further proceedings thereon as may be necessary and proper and not inconsistent herewith. In support of his application to vacate the judgment appellant alleged that his plea of guilty had been entered in reliance on promises by the District Attorney, one of whieh was that if he should plead guilty, he would receive a suspended sentence, and would be permitted to return to