People ex rel. Paluch v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Paluch v. La Vallee

37 A.D.2d 1034, 326 N.Y.S.2d 100, 1971 N.Y. App. Div. LEXIS 2934

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

DecidedNovember 24, 1971

StatusPublished

This text of 37 A.D.2d 1034 (People ex rel. Paluch v. La Vallee) 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. Paluch v. La Vallee, 37 A.D.2d 1034, 326 N.Y.S.2d 100, 1971 N.Y. App. Div. LEXIS 2934 (N.Y. Ct. App. 1971).

Pincite

Opinion

—Appeal by the relator from a judgment of the Supreme Court, entered in Clinton County on November 12, 1970, which dismissed a writ of habeas corpus after a hearing. On September 19, 1967 the relator was found guilty by a jury of various counts of forgery and petit larceny and upon his plea of guilty to an information charging him as a second felony offender he was sentenced to prison as a second felony offender on October 9, 1967. The judgment of conviction was affirmed by the Appellate Division, Fourth Department, without opinion (People v. Paluch, 32 A D 2d 741). The relator’s contentions that he did not receive timely warning that upon conviction he could be adjudged a second felony offender, and that section 1943 of the former Penal Law was inapplicable to him are without merit. (See People v. Porter, 14 N Y 2d 785, 786; People v. Dozois, 26 N Y 2d 637.) Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.

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—Appeal by the relator from a judgment of the Supreme Court, entered in Clinton County on November 12, 1970, which dismissed a writ of habeas corpus after a hearing. On September 19, 1967 the relator was found guilty by a jury of various counts of forgery and petit larceny and upon his plea of guilty to an information charging him as a second felony offender he was sentenced to prison as a second felony offender on October 9, 1967. The judgment of conviction was affirmed by the Appellate Division, Fourth Department, without opinion (People v. Paluch, 32 A D 2d 741). The relator’s contentions that he did not receive timely warning that upon conviction he could be adjudged a second felony offender, and that section 1943 of the former Penal Law was inapplicable to him are without merit. (See People v. Porter, 14 N Y 2d 785, 786; People v. Dozois, 26 N Y 2d 637.) Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.

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Bluebook (online)

37 A.D.2d 1034, 326 N.Y.S.2d 100, 1971 N.Y. App. Div. LEXIS 2934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-paluch-v-la-vallee-nyappdiv-1971.