People ex rel. Cohen v. Murphy

254 A.D. 797, 4 N.Y.S.2d 441, 1938 N.Y. App. Div. LEXIS 7651

Opinion

Order unanimously affirmed. Facts when admitted by the defendant or his counsel in court are deemed to be established. (People v. Walker, 198 N. Y. 329.) In view of the admissions made in open court at the time relator was sentenced, “ a jury trial would constitute nothing more than ‘ an idle formality affecting no substantial right.’ ” (People ex rel. Bothermel v. Murphy, 274 N. Y. 281, 283.) Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.