People ex rel. Albanese v. McMann

Appellate Division of the Supreme Court of New York

People ex rel. Albanese v. McMann

25 A.D.2d 912, 270 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4144

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

DecidedMay 20, 1966

StatusPublished

This text of 25 A.D.2d 912 (People ex rel. Albanese v. McMann) 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

People ex rel. Albanese v. McMann, 25 A.D.2d 912, 270 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4144 (N.Y. Ct. App. 1966).

Pincite

Opinion

Memorandum by the Court. Appeal from a judgment of the Supreme Court of Clinton County denying relator’s petition for a writ of habeas corpus. The delay of 41 days in pronouncing- sentence after a plea of guilty without intially appointing the time for the pronouncement of judgment did not deprive the eourc of jurisdiction. (People ex rel. Accurso v. McMann, 23 A D 2d 936, mot. for lv. to app. den. 16 N Y 2d 486; People ex rel. De Berry v. McMann, 24 A D 2d 661, mot. for lv. to app. den. 16 N Y 2d 484.) The further argument advanced in the brief of petitioner that he was prejudiced by the trial court’s failure to give longer notice of the time appointed for the pronouncement of sentence, raised for the first time on this appeal, is unavailing. (People ex rel. Gantz v. Herold, 24 A D 2d 776, mot. for lv. to app. den. 17 N Y 2d 420.) Judgment affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Memorandum by the Court. Appeal from a judgment of the Supreme Court of Clinton County denying relator’s petition for a writ of habeas corpus. The delay of 41 days in pronouncing- sentence after a plea of guilty without intially appointing the time for the pronouncement of judgment did not deprive the eourc of jurisdiction. (People ex rel. Accurso v. McMann, 23 A D 2d 936, mot. for lv. to app. den. 16 N Y 2d 486; People ex rel. De Berry v. McMann, 24 A D 2d 661, mot. for lv. to app. den. 16 N Y 2d 484.) The further argument advanced in the brief of petitioner that he was prejudiced by the trial court’s failure to give longer notice of the time appointed for the pronouncement of sentence, raised for the first time on this appeal, is unavailing. (People ex rel. Gantz v. Herold, 24 A D 2d 776, mot. for lv. to app. den. 17 N Y 2d 420.) Judgment affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 912, 270 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-albanese-v-mcmann-nyappdiv-1966.