People ex rel. Jackson v. Smith

Appellate Division of the Supreme Court of New York

People ex rel. Jackson v. Smith

50 A.D.2d 1057, 376 N.Y.S.2d 721, 1975 N.Y. App. Div. LEXIS 12066

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

DecidedDecember 5, 1975

StatusPublished

This text of 50 A.D.2d 1057 (People ex rel. Jackson v. Smith) 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. Jackson v. Smith, 50 A.D.2d 1057, 376 N.Y.S.2d 721, 1975 N.Y. App. Div. LEXIS 12066 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Judgment unanimously affirmed. Memorandum: At the time of his plea of guilty of robbery second degree and of the sentencing therefor relator was represented by counsel and made a bargained plea, and was fully advised by the court that his sentence would be as a second felony [1058]*1058offender if it was established that he had previously been convicted of a felony. Relator knew that he had been previously convicted of a felony and that such conviction had been affirmed (33 AD2d 893). On appeal from the conviction for robbery second the judgment was also affirmed (37 AD2d 919). Relator had a right of review at that time; and in the order from which he now appeals the court properly held that this habeas corpus proceeding is not now available to him. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

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— Judgment unanimously affirmed. Memorandum: At the time of his plea of guilty of robbery second degree and of the sentencing therefor relator was represented by counsel and made a bargained plea, and was fully advised by the court that his sentence would be as a second felony [1058]*1058offender if it was established that he had previously been convicted of a felony. Relator knew that he had been previously convicted of a felony and that such conviction had been affirmed (33 AD2d 893). On appeal from the conviction for robbery second the judgment was also affirmed (37 AD2d 919). Relator had a right of review at that time; and in the order from which he now appeals the court properly held that this habeas corpus proceeding is not now available to him. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Moule, J. P., Cardamone, Simons, Mahoney and Witmer, JJ.

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Bluebook (online)

50 A.D.2d 1057, 376 N.Y.S.2d 721, 1975 N.Y. App. Div. LEXIS 12066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-jackson-v-smith-nyappdiv-1975.