People ex rel. Kruger v. Hunt

Appellate Division of the Supreme Court of New York

People ex rel. Kruger v. Hunt

257 A.D. 917, 12 N.Y.S.2d 167, 1939 N.Y. App. Div. LEXIS 8390

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

DecidedMay 17, 1939

StatusPublished

Cited by16 cases

This text of 257 A.D. 917 (People ex rel. Kruger v. Hunt) 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. Kruger v. Hunt, 257 A.D. 917, 12 N.Y.S.2d 167, 1939 N.Y. App. Div. LEXIS 8390 (N.Y. Ct. App. 1939).

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Opinion

Order affirmed, without costs of this appeal to either party. Memorandum: In view of the lateness of time in which this question is raised, during which records have legally been destroyed, and considering the ordinary frailties of memory and the interests of the relator, we are of the opinion that the county judge was justified in disbelieving the bare statement of the relator that he was not advised of his right to counsel at the time of his arraignment in 1922. In the absence of convincing proof of the absence of the constitutional requirement, the presumption of regularity prevails. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Order affirmed, without costs of this appeal to either party. Memorandum: In view of the lateness of time in which this question is raised, during which records have legally been destroyed, and considering the ordinary frailties of memory and the interests of the relator, we are of the opinion that the county judge was justified in disbelieving the bare statement of the relator that he was not advised of his right to counsel at the time of his arraignment in 1922. In the absence of convincing proof of the absence of the constitutional requirement, the presumption of regularity prevails. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 917, 12 N.Y.S.2d 167, 1939 N.Y. App. Div. LEXIS 8390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-kruger-v-hunt-nyappdiv-1939.

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