People v. Crimi

Appellate Division of the Supreme Court of New York

People v. Crimi

278 A.D. 997, 105 N.Y.S.2d 620, 1951 N.Y. App. Div. LEXIS 5472

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

DecidedJune 29, 1951

StatusPublished

Cited by9 cases

This text of 278 A.D. 997 (People v. Crimi) 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. Crimi, 278 A.D. 997, 105 N.Y.S.2d 620, 1951 N.Y. App. Div. LEXIS 5472 (N.Y. Ct. App. 1951).

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Opinion

Appeal from an order of the Cortland County Court. Petitioner appeals from an order of the County Court denying a motion for an order eor'am nobis vacating a judgment convicting him of grand larceny, first degree. The record on which the conviction was based shows that on January 8, 1940, defendant had no counsel, was informed of his rights to counsel by the court, waived his rights thereto and pleaded guilty. Petitioner’s proof does not factually dispute the record. It states that he was then sixteen years of age and did not understand that his right to counsel meant the court would assign him counsel without compensation. Appellant’s personal interpretation of the advice he was given by the court is not a good ground to grant the relief sought or to reverse [998]*998the order denying the relief. The court’s procedure followed the usual course of practice and the order should be affirmed. Order unanimously affirmed, without costs. Present — Poster, P. J., Heffernan, Brewster, Deyo and Bergan, JJ.

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Appeal from an order of the Cortland County Court. Petitioner appeals from an order of the County Court denying a motion for an order eor'am nobis vacating a judgment convicting him of grand larceny, first degree. The record on which the conviction was based shows that on January 8, 1940, defendant had no counsel, was informed of his rights to counsel by the court, waived his rights thereto and pleaded guilty. Petitioner’s proof does not factually dispute the record. It states that he was then sixteen years of age and did not understand that his right to counsel meant the court would assign him counsel without compensation. Appellant’s personal interpretation of the advice he was given by the court is not a good ground to grant the relief sought or to reverse [998]*998the order denying the relief. The court’s procedure followed the usual course of practice and the order should be affirmed. Order unanimously affirmed, without costs. Present — Poster, P. J., Heffernan, Brewster, Deyo and Bergan, JJ.

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Bluebook (online)

278 A.D. 997, 105 N.Y.S.2d 620, 1951 N.Y. App. Div. LEXIS 5472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crimi-nyappdiv-1951.

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