People v. Brockway

Appellate Division of the Supreme Court of New York

People v. Brockway

29 A.D.2d 578, 285 N.Y.S.2d 705, 1967 N.Y. App. Div. LEXIS 2746

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

DecidedDecember 15, 1967

StatusPublished

Cited by3 cases

This text of 29 A.D.2d 578 (People v. Brockway) 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. Brockway, 29 A.D.2d 578, 285 N.Y.S.2d 705, 1967 N.Y. App. Div. LEXIS 2746 (N.Y. Ct. App. 1967).

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Opinion

Reynolds, J.

Appeal from an order of the [579]*579County Court, Otsego County, denying appellant’s petition for resentence as a first felony offender without a hearing. Appellant was clearly and precisely apprised of all his constitutional rights at all stages of the proceeding and in particular his right to object to the unconstitutionality of a previous conviction which might subject him to different treatment as a multiple offender. Yet despite the court’s admonishments and precautions, appellant knowingly and intelligently waived all rights to attack the constitutionality of his prior conviction and, therefore, cannot do so in the instant proceeding (Penal Law, § 1943). Moreover, we note that we have already affirmed a denial of a petition by appellant contending that the very prior conviction upon which he was sentenced as a multiple offender be vacated on the same grounds advanced here (People v. Brookway, 25 A D 2d 955). Order affirmed. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in a memorandum by Reynolds, J.

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Reynolds, J.

Appeal from an order of the [579]*579County Court, Otsego County, denying appellant’s petition for resentence as a first felony offender without a hearing. Appellant was clearly and precisely apprised of all his constitutional rights at all stages of the proceeding and in particular his right to object to the unconstitutionality of a previous conviction which might subject him to different treatment as a multiple offender. Yet despite the court’s admonishments and precautions, appellant knowingly and intelligently waived all rights to attack the constitutionality of his prior conviction and, therefore, cannot do so in the instant proceeding (Penal Law, § 1943). Moreover, we note that we have already affirmed a denial of a petition by appellant contending that the very prior conviction upon which he was sentenced as a multiple offender be vacated on the same grounds advanced here (People v. Brookway, 25 A D 2d 955). Order affirmed. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in a memorandum by Reynolds, J.

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Bluebook (online)

29 A.D.2d 578, 285 N.Y.S.2d 705, 1967 N.Y. App. Div. LEXIS 2746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brockway-nyappdiv-1967.

Opinion

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