People v. Beuf

Appellate Division of the Supreme Court of New York

People v. Beuf

23 A.D.2d 852, 259 N.Y.S.2d 173, 1965 N.Y. App. Div. LEXIS 4321

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

DecidedMay 3, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 852 (People v. Beuf) 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 v. Beuf, 23 A.D.2d 852, 259 N.Y.S.2d 173, 1965 N.Y. App. Div. LEXIS 4321 (N.Y. Ct. App. 1965).

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Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered October 15, 1964, which denied without a hearing his application to vacate a judgment of said court rendered February 4, 1963 after a jury trial, convicting him of robbery in the third degree, assault in the second degree, and petit larceny, and imposing sentence upon him as a third felony offender. The judgment of conviction was previously affirmed (21 A D 2d 854). Order affirmed. In our opinion, the defendant failed to demonstrate that his arraignment in the absence of his retained counsel deprived him of any constitutional or statutory rights {People v. Hyde, 16 A D 2d 942; People v. Lupo, 16 A D 2d 943; People v. Combs, 19 A D 2d 639; People v. Caccio, 19 A D 2d 640; People v. French, 19 A D 2d 640). The assignment by the court, upon defendant’s arraignment, of counsel to him; the entry of a plea of not guilty on his behalf; and the granting of leave to him to change his plea, to demur to the indictment, or to make any motions addressed to the indictment, all effectively served to preserve and protect defendant’s rights and privileges. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered October 15, 1964, which denied without a hearing his application to vacate a judgment of said court rendered February 4, 1963 after a jury trial, convicting him of robbery in the third degree, assault in the second degree, and petit larceny, and imposing sentence upon him as a third felony offender. The judgment of conviction was previously affirmed (21 A D 2d 854). Order affirmed. In our opinion, the defendant failed to demonstrate that his arraignment in the absence of his retained counsel deprived him of any constitutional or statutory rights {People v. Hyde, 16 A D 2d 942; People v. Lupo, 16 A D 2d 943; People v. Combs, 19 A D 2d 639; People v. Caccio, 19 A D 2d 640; People v. French, 19 A D 2d 640). The assignment by the court, upon defendant’s arraignment, of counsel to him; the entry of a plea of not guilty on his behalf; and the granting of leave to him to change his plea, to demur to the indictment, or to make any motions addressed to the indictment, all effectively served to preserve and protect defendant’s rights and privileges. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 852, 259 N.Y.S.2d 173, 1965 N.Y. App. Div. LEXIS 4321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beuf-nyappdiv-1965.

Opinion

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