People v. Coppersmith

Appellate Division of the Supreme Court of New York

People v. Coppersmith

39 A.D.2d 947, 332 N.Y.S.2d 902, 1972 N.Y. App. Div. LEXIS 4368

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

DecidedJune 12, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 947 (People v. Coppersmith) 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. Coppersmith, 39 A.D.2d 947, 332 N.Y.S.2d 902, 1972 N.Y. App. Div. LEXIS 4368 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 27, 1970 upon resentence nunc pro tunc as of November 16, 1942. Judgment affirmed. Defendant claims he was not represented by counsel actually present at the time of pleading or sentence in 1942. The mere fact that the minutes of the 1942 change of plea to guilty and sentence are not available does not render it mandatory that the judgment be reversed. Defendant raised exactly the same claim in a 1955 coram nobis application which, after a hearing, was found to be without merit. That determination was justified by the proof, in our view. Since we may take judicial notice of it even if it is not technically part of the record on the instant appeal, we hold that the record, as so amplified, is adequate for appellate review by this court and affirm (see People v. Singleton, 36 A D 2d 725). Rabin, P. J., Hopkins, Munder, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 27, 1970 upon resentence nunc pro tunc as of November 16, 1942. Judgment affirmed. Defendant claims he was not represented by counsel actually present at the time of pleading or sentence in 1942. The mere fact that the minutes of the 1942 change of plea to guilty and sentence are not available does not render it mandatory that the judgment be reversed. Defendant raised exactly the same claim in a 1955 coram nobis application which, after a hearing, was found to be without merit. That determination was justified by the proof, in our view. Since we may take judicial notice of it even if it is not technically part of the record on the instant appeal, we hold that the record, as so amplified, is adequate for appellate review by this court and affirm (see People v. Singleton, 36 A D 2d 725). Rabin, P. J., Hopkins, Munder, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 947, 332 N.Y.S.2d 902, 1972 N.Y. App. Div. LEXIS 4368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coppersmith-nyappdiv-1972.

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