People ex rel. Thierry v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Thierry v. La Vallee

11 A.D.2d 579, 200 N.Y.S.2d 642, 1960 N.Y. App. Div. LEXIS 9928

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

DecidedMay 16, 1960

StatusPublished

This text of 11 A.D.2d 579 (People ex rel. Thierry 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. Thierry v. La Vallee, 11 A.D.2d 579, 200 N.Y.S.2d 642, 1960 N.Y. App. Div. LEXIS 9928 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from a dismissal of a writ of habeas corpus, County Court, Clinton County. By writ of habeas corpus relator attacks the jurisdiction of the Supreme Court, Saratoga County, to sentence him on February 26, 1941 for murder, second degree. He contends that the two-day waiting period between plea and sentence required by section 472 of the Code of Criminal Procedure was not observed. But this can be waived {People ex rel. Peck v. La Vallee, 8 A D 2d 906) and by the presence of counsel who made no objection it was waived {People v. Nesbitt, 7 A D 2d 763). Relator also argues that the question required by section 480 of the Code of Criminal Procedure was not asked; but the record sufficiently establishes that the question was asked. The court had jurisdiction to enter judgment. Order dismissing writ unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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

Appeal from a dismissal of a writ of habeas corpus, County Court, Clinton County. By writ of habeas corpus relator attacks the jurisdiction of the Supreme Court, Saratoga County, to sentence him on February 26, 1941 for murder, second degree. He contends that the two-day waiting period between plea and sentence required by section 472 of the Code of Criminal Procedure was not observed. But this can be waived {People ex rel. Peck v. La Vallee, 8 A D 2d 906) and by the presence of counsel who made no objection it was waived {People v. Nesbitt, 7 A D 2d 763). Relator also argues that the question required by section 480 of the Code of Criminal Procedure was not asked; but the record sufficiently establishes that the question was asked. The court had jurisdiction to enter judgment. Order dismissing writ unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

11 A.D.2d 579, 200 N.Y.S.2d 642, 1960 N.Y. App. Div. LEXIS 9928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-thierry-v-la-vallee-nyappdiv-1960.