People ex rel. Blair v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Blair v. Fay

26 A.D.2d 669, 272 N.Y.S.2d 440, 1966 N.Y. App. Div. LEXIS 3746

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

DecidedJuly 5, 1966

StatusPublished

This text of 26 A.D.2d 669 (People ex rel. Blair v. Fay) 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. Blair v. Fay, 26 A.D.2d 669, 272 N.Y.S.2d 440, 1966 N.Y. App. Div. LEXIS 3746 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, entered December 12, 1962, which dismissed the writ and remanded him to the custody of the respondent warden of Green Haven Prison. Judgment reversed on the law and the facts, without costs; writ sustained; judgment of conviction of the former County Court, Queens County, rendered March 18, 1960 vacated and action remanded to the Supreme Court, Queens County, for the purpose of permitting relator (as defendant) to plead de novo to the indictment. The record discloses that relator was not given the warning under section 335-b of the Code of Criminal Procedure, when he pleaded guilty to attempted burglary in the third degree. Such failure renders the conviction void and amenable to collateral attack by way of habeas corpus (People ex rel. Manning v. Fay, 16 N Y 2d 1061). Christ, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, entered December 12, 1962, which dismissed the writ and remanded him to the custody of the respondent warden of Green Haven Prison. Judgment reversed on the law and the facts, without costs; writ sustained; judgment of conviction of the former County Court, Queens County, rendered March 18, 1960 vacated and action remanded to the Supreme Court, Queens County, for the purpose of permitting relator (as defendant) to plead de novo to the indictment. The record discloses that relator was not given the warning under section 335-b of the Code of Criminal Procedure, when he pleaded guilty to attempted burglary in the third degree. Such failure renders the conviction void and amenable to collateral attack by way of habeas corpus (People ex rel. Manning v. Fay, 16 N Y 2d 1061). Christ, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

26 A.D.2d 669, 272 N.Y.S.2d 440, 1966 N.Y. App. Div. LEXIS 3746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-blair-v-fay-nyappdiv-1966.