People Ex Rel. Johnson v. La Vallee

New York Court of Appeals

People Ex Rel. Johnson v. La Vallee

223 N.E.2d 49, 18 N.Y.2d 911, 276 N.Y.S.2d 642, 1966 N.Y. LEXIS 950

DecidedDecember 1, 1966

StatusPublished

This text of 223 N.E.2d 49 (People Ex Rel. Johnson v. La Vallee) 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. Johnson v. La Vallee, 223 N.E.2d 49, 18 N.Y.2d 911, 276 N.Y.S.2d 642, 1966 N.Y. LEXIS 950 (N.Y. 1966).

Pincite

Opinion

Order reversed and proceeding remitted to the County Court, Cayuga County, for further proceedings in accordance with the following memorandum: Order reversed and proceeding remitted to the court at Special Term for a hearing at which there shall be determined as a fact the relator’s comprehension of the admonition given to him by the court at the time of entry of the plea of guilty to robbery, third degree. The court first advised relator that the crime to which he was pleading guilty ‘ ‘ is a felony ’ ’. The court continued: “I am telling you that because if you have any previous felony convictions you must be sentenced as a multiple felony offender, that is each of you. That applies to convictions not only in the State of New York but convictions in any other jurisdiction which if they took place in the State of New York would constitute,felonies.” On appeal relator argues that this advice did not meet the requirement of section 335-b of the Code of Criminal Procedure that the court shall “ inform ” defendant that if he has been previously convicted he will be subject to different or additional punishment. No exact form of words is necessary to make this *913 communication, the effectiveness of which may depend on the understanding of the accused of the effect of what the Judge is stating to him. (Cf. People ex rel. Colan v. La Vallee, 14 N Y 2d 83.)

Concur: Chief Judge DesmoNd and Judges Field, VaN Voorhis, Burke, Scileppi, BergaN and KeatiNg.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed and proceeding remitted to the County Court, Cayuga County, for further proceedings in accordance with the following memorandum: Order reversed and proceeding remitted to the court at Special Term for a hearing at which there shall be determined as a fact the relator’s comprehension of the admonition given to him by the court at the time of entry of the plea of guilty to robbery, third degree. The court first advised relator that the crime to which he was pleading guilty ‘ ‘ is a felony ’ ’. The court continued: “I am telling you that because if you have any previous felony convictions you must be sentenced as a multiple felony offender, that is each of you. That applies to convictions not only in the State of New York but convictions in any other jurisdiction which if they took place in the State of New York would constitute,felonies.” On appeal relator argues that this advice did not meet the requirement of section 335-b of the Code of Criminal Procedure that the court shall “ inform ” defendant that if he has been previously convicted he will be subject to different or additional punishment. No exact form of words is necessary to make this *913 communication, the effectiveness of which may depend on the understanding of the accused of the effect of what the Judge is stating to him. (Cf. People ex rel. Colan v. La Vallee, 14 N Y 2d 83.)

Concur: Chief Judge DesmoNd and Judges Field, VaN Voorhis, Burke, Scileppi, BergaN and KeatiNg.

Cite This Page — Counsel Stack

Bluebook (online)

223 N.E.2d 49, 18 N.Y.2d 911, 276 N.Y.S.2d 642, 1966 N.Y. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-johnson-v-la-vallee-ny-1966.