People v. Spencer, 29 N.Y.2d 446 (1972)

A defendant seeking coram nobis relief based on the unconstitutionality of predicate felony convictions must provide factual support for those claims; a mere allegation of not being advised of the right to challenge the convictions is insufficient to warrant a hearing.

Summary

Spencer, a third-felony offender, sought coram nobis relief, arguing he wasn’t advised of his right to challenge the constitutionality of his prior felony convictions during his resentencing. The Court of Appeals reversed the Appellate Division’s order for a hearing, holding that Spencer’s petition lacked factual support for his claims of unconstitutionality. The court emphasized that a defendant must present specific facts demonstrating the invalidity of the predicate convictions, not just allege a procedural deficiency in being informed of the right to challenge them. Without such factual allegations, a hearing is unnecessary and a waste of judicial resources.

Facts

Spencer pleaded guilty to attempted burglary (1947) and grand larceny (1952). He did not appeal either conviction. These served as predicate felonies for his 1957 robbery conviction, resulting in a 45-60 year sentence as a third-felony offender. In 1969, following a Montgomery hearing, Spencer was resentenced nunc pro tunc. In 1971, Spencer filed a coram nobis petition, seeking a hearing and resentencing, claiming he wasn’t informed of his right to challenge the predicate convictions.

Procedural History

The Supreme Court denied Spencer’s coram nobis petition without a hearing. The Appellate Division reversed, ordering a hearing on whether Spencer was advised of his right to challenge the predicate convictions. The Court of Appeals reversed the Appellate Division, reinstating the Supreme Court’s original denial.

Issue(s)

Whether a defendant seeking coram nobis relief from a third-felony offender sentence is entitled to a hearing based solely on the allegation that he was not advised of his right to attack the constitutionality of his predicate felony convictions, without providing any factual basis for challenging those convictions.

Holding

No, because a coram nobis petition requires factual support for any claims of unconstitutionality; a mere allegation of not being informed of the right to challenge the predicate convictions is insufficient to warrant a hearing.

Court’s Reasoning

The Court of Appeals emphasized that Spencer’s coram nobis petition lacked any factual allegations to support his claim that his predicate felony convictions were unconstitutional. The court distinguished the case from situations where a defendant was not informed of their right to appeal, stating that even in such cases, a defendant must demonstrate a genuine appealable issue existed. Referring to People v. White, 309 N.Y. 636, 641, the court stated “the defendant is not entitled to a hearing on charges lacking factual support.” The court rejected the argument that the failure to advise Spencer of his right to attack his predicate convictions in 1957 constituted a due process violation warranting resentencing. The court found the lack of factual allegations to support the unconstitutionality claims fatal to Spencer’s petition, reasoning that a hearing without such support would be a waste of judicial resources. The court noted Spencer was a third-felony offender who entered pleas on all three indictments without advancing a single cognizable constitutional issue. Extending the rationale of People v. Lynn, the Court implicitly suggested that just as a “genuine appealable issue” is required when claiming a failure to be advised of appeal rights, a “genuine constitutional issue” is required when claiming a failure to be advised of rights regarding predicate felonies. As such, the Court reversed, emphasizing judicial economy and the need for factual grounding in coram nobis proceedings. There were no dissenting or concurring opinions noted.