32 A.D.2d 847 | N.Y. App. Div. | 1969
Appeal from an order of the County Court of Madison County, entered September 25, 1968, which denied, without a hearing, a motion to vacate a judgment convicting defendant of rape in the second degree. Indicted for incest, rape in the second degree and subornation of perjury in the first degree, defendant in 1965 entered a plea of guilty to rape in the second degree in satisfaction of the entire indictment, thereafter receiving an indeterminate sentence of from 5 to 10 years at a State prison. In 1968 defendant instituted this coram nobis application, alleging that the plea was induced by promises of the District Attorney, County Judge and Sheriff, with the concurrence of his own counsel, that the charge to which he would plead would be a misdemeanor and that he would be