People ex rel. Johnson v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Johnson v. Fay

16 A.D.2d 835, 1962 N.Y. App. Div. LEXIS 9472

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

DecidedMay 28, 1962

StatusPublished

This text of 16 A.D.2d 835 (People ex rel. Johnson 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. Johnson v. Fay, 16 A.D.2d 835, 1962 N.Y. App. Div. LEXIS 9472 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, entered April 14, 1961 after a hearing, which dismissed the writ and remanded him to the custody of respondent. Relator, serving a sentence imposed upon him as a multiple offender in 1950, claimed that an earlier indictment to which he pleaded guilty in 1940 was faulty; that the 1940 sentencing court had no jurisdiction because he was deprived of counsel therein; and that the 1940 judgment was invalid because the requirements of section 480 of the Code of Criminal Procedure were omitted by the sentencing court. Order affirmed. No opinion. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, entered April 14, 1961 after a hearing, which dismissed the writ and remanded him to the custody of respondent. Relator, serving a sentence imposed upon him as a multiple offender in 1950, claimed that an earlier indictment to which he pleaded guilty in 1940 was faulty; that the 1940 sentencing court had no jurisdiction because he was deprived of counsel therein; and that the 1940 judgment was invalid because the requirements of section 480 of the Code of Criminal Procedure were omitted by the sentencing court. Order affirmed. No opinion. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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Bluebook (online)

16 A.D.2d 835, 1962 N.Y. App. Div. LEXIS 9472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-johnson-v-fay-nyappdiv-1962.