People ex rel. Lovett v. Jackson

Appellate Division of the Supreme Court of New York

People ex rel. Lovett v. Jackson

6 A.D.2d 952, 176 N.Y.S.2d 455, 1958 N.Y. App. Div. LEXIS 5013

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

DecidedJuly 31, 1958

StatusPublished

This text of 6 A.D.2d 952 (People ex rel. Lovett v. Jackson) 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. Lovett v. Jackson, 6 A.D.2d 952, 176 N.Y.S.2d 455, 1958 N.Y. App. Div. LEXIS 5013 (N.Y. Ct. App. 1958).

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Opinion

Motion for an order directing that petitioner be granted a hearing in a habeas corpus matter. Motion denied, without costs. Petitioner apparently has appealed from an order denying a writ of habeas corpus, and since no motion has been made to dismiss the appeal he may proceed thereunder if he is so advised. If the papers before us may be construed as an application for leave to appeal as a poor person we are constrained to deny the same, on the ground that a meritorious question on appeal is not presented. Petitioner’s sole point is that his plea of guilty to the crime of attempted burglary in the third degree, and sentence to the Reception Center at Elmira, did not constitute a felony conviction. This viewpoint is erroneous. (Penal Law, § 2185.) Application denied. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.

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Motion for an order directing that petitioner be granted a hearing in a habeas corpus matter. Motion denied, without costs. Petitioner apparently has appealed from an order denying a writ of habeas corpus, and since no motion has been made to dismiss the appeal he may proceed thereunder if he is so advised. If the papers before us may be construed as an application for leave to appeal as a poor person we are constrained to deny the same, on the ground that a meritorious question on appeal is not presented. Petitioner’s sole point is that his plea of guilty to the crime of attempted burglary in the third degree, and sentence to the Reception Center at Elmira, did not constitute a felony conviction. This viewpoint is erroneous. (Penal Law, § 2185.) Application denied. Present — Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.

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Bluebook (online)

6 A.D.2d 952, 176 N.Y.S.2d 455, 1958 N.Y. App. Div. LEXIS 5013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-lovett-v-jackson-nyappdiv-1958.