People of State of New York v. Fowlkes

Appellate Division of the Supreme Court of New York

People of State of New York v. Fowlkes

30 A.D.2d 658, 292 N.Y.S.2d 371, 1968 N.Y. App. Div. LEXIS 3561

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

DecidedJune 27, 1968

StatusPublished

This text of 30 A.D.2d 658 (People of State of New York v. Fowlkes) 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 of State of New York v. Fowlkes, 30 A.D.2d 658, 292 N.Y.S.2d 371, 1968 N.Y. App. Div. LEXIS 3561 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment unanimously affirmed. No opinion. Concur—Stevens, J. P., Eager, Steuer and McNally, JJ.; Capozzoli, J., concurs in the following memorandum: While defendant’s plea may be technically attacked on the ground that he pleaded guilty to a crime which involved a family dispute and which should have been transferred to the Family Court in the first instance, such plea “ should be sustained on the ground that it was sought by defendant and freely taken as part of a bargain which was struck for the defendant’s benefit”. (People v. Foster, 19 N Y 2d 150, 154.) Surely the court below had jurisdiction over the counts in the indictment charging burglary first degree and possession of dangerous weapons without a referral to the Family Court.

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Judgment unanimously affirmed. No opinion. Concur—Stevens, J. P., Eager, Steuer and McNally, JJ.; Capozzoli, J., concurs in the following memorandum: While defendant’s plea may be technically attacked on the ground that he pleaded guilty to a crime which involved a family dispute and which should have been transferred to the Family Court in the first instance, such plea “ should be sustained on the ground that it was sought by defendant and freely taken as part of a bargain which was struck for the defendant’s benefit”. (People v. Foster, 19 N Y 2d 150, 154.) Surely the court below had jurisdiction over the counts in the indictment charging burglary first degree and possession of dangerous weapons without a referral to the Family Court.

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Bluebook (online)

30 A.D.2d 658, 292 N.Y.S.2d 371, 1968 N.Y. App. Div. LEXIS 3561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-state-of-new-york-v-fowlkes-nyappdiv-1968.