Martin v. Coburn

Appellate Division of the Supreme Court of New York

Martin v. Coburn

256 A.D. 887, 9 N.Y.S.2d 2, 1939 N.Y. App. Div. LEXIS 5244

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 887 (Martin v. Coburn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Coburn, 256 A.D. 887, 9 N.Y.S.2d 2, 1939 N.Y. App. Div. LEXIS 5244 (N.Y. Ct. App. 1939).

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Opinion

Order affirmed, without costs. Memorandum; A question of fact was presented as to what was the nature of the petitioner’s plea of guilty in the Cayuga County Court on February 18, 1925., The proof is ample to show that the plea was one of guilty to a charge of felony as a first offender only, after a waiver by the district attorney of that part of the indictment which charged the petitioner with the commission of the crime after a previous conviction for a felony, We find nothing in the proof to convince us that the finding of the County Court in accordance with such proof was erroneous either in fact or in law. All concur, except Dowling, J., not voting. (The order dismisses the petition and amends certain records of the Cayuga County Court.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Order affirmed, without costs. Memorandum; A question of fact was presented as to what was the nature of the petitioner’s plea of guilty in the Cayuga County Court on February 18, 1925., The proof is ample to show that the plea was one of guilty to a charge of felony as a first offender only, after a waiver by the district attorney of that part of the indictment which charged the petitioner with the commission of the crime after a previous conviction for a felony, We find nothing in the proof to convince us that the finding of the County Court in accordance with such proof was erroneous either in fact or in law. All concur, except Dowling, J., not voting. (The order dismisses the petition and amends certain records of the Cayuga County Court.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

256 A.D. 887, 9 N.Y.S.2d 2, 1939 N.Y. App. Div. LEXIS 5244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-coburn-nyappdiv-1939.

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