People ex rel. Eich v. Wilkins

New York Court of Appeals

People ex rel. Eich v. Wilkins

216 N.E.2d 29, 17 N.Y.2d 621, 268 N.Y.S.2d 933, 1966 N.Y. LEXIS 1507

CourtNew York Court of Appeals

DecidedMarch 24, 1966

StatusPublished

Cited by1 cases

This text of 216 N.E.2d 29 (People ex rel. Eich v. Wilkins) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Eich v. Wilkins, 216 N.E.2d 29, 17 N.Y.2d 621, 268 N.Y.S.2d 933, 1966 N.Y. LEXIS 1507 (N.Y. 1966).

Pincite

Opinion

Memorandum. The order of the Appellate Division should be affirmed. The record before us shows conclusively that appellant had assigned counsel in the appeal submitted to the Appellate Division and he has had assigned counsel in this court. [623]*623On. the facts stated in his petition the indictment upon which he was convicted by his plea of guilty in Monroe County Court, and on which he had the aid of counsel, was not pending during his prior term of incarceration in Erie County Penitentiary and could not have been tried during that period. There has been no showing of denial of a prompt trial. The general and loose allegations of coercion to plead guilty do not indicate a cause for inquiry in the habeas corpus proceeding.

Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Scileppi, Bergan and Keating concur.

Order affirmed.

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Memorandum. The order of the Appellate Division should be affirmed. The record before us shows conclusively that appellant had assigned counsel in the appeal submitted to the Appellate Division and he has had assigned counsel in this court. [623]*623On. the facts stated in his petition the indictment upon which he was convicted by his plea of guilty in Monroe County Court, and on which he had the aid of counsel, was not pending during his prior term of incarceration in Erie County Penitentiary and could not have been tried during that period. There has been no showing of denial of a prompt trial. The general and loose allegations of coercion to plead guilty do not indicate a cause for inquiry in the habeas corpus proceeding.

Chief Judge Desmond and Judges Fuld, Van Voorhis, Burke, Scileppi, Bergan and Keating concur.

Order affirmed.

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Bluebook (online)

216 N.E.2d 29, 17 N.Y.2d 621, 268 N.Y.S.2d 933, 1966 N.Y. LEXIS 1507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-eich-v-wilkins-ny-1966.

Opinion

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