People v. Erdmann

Appellate Division of the Supreme Court of New York

People v. Erdmann

2 A.D.2d 757, 153 N.Y.S.2d 260, 1956 N.Y. App. Div. LEXIS 4807

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

DecidedJuly 2, 1956

StatusPublished

This text of 2 A.D.2d 757 (People v. Erdmann) 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. Erdmann, 2 A.D.2d 757, 153 N.Y.S.2d 260, 1956 N.Y. App. Div. LEXIS 4807 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order of the County Court, Nassau County, denying, without a hearing, appellant’s application in the nature of a writ of error coram nobis to vacate a judgment of said court entered April 21, 1942 convicting appellant of grand larceny in the second degree on his plea of guilty. The application was made on the ground that at the time of sentence appellant was not represented by counsel nor was he advised of his constitutional right to be represented by counsel at any stage of the proceedings before sentencing. Order affirmed. The clerk’s minutes of the arraignment indicate that appellant was informed of his right to counsel before pleading, and that he did not ask for the aid of counsel. His mere averment that he was not so informed, made approximately 14 years after he pleaded guilty, is not sufficient to rebut the presumption of regularity of the court records. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Appeal from an order of the County Court, Nassau County, denying, without a hearing, appellant’s application in the nature of a writ of error coram nobis to vacate a judgment of said court entered April 21, 1942 convicting appellant of grand larceny in the second degree on his plea of guilty. The application was made on the ground that at the time of sentence appellant was not represented by counsel nor was he advised of his constitutional right to be represented by counsel at any stage of the proceedings before sentencing. Order affirmed. The clerk’s minutes of the arraignment indicate that appellant was informed of his right to counsel before pleading, and that he did not ask for the aid of counsel. His mere averment that he was not so informed, made approximately 14 years after he pleaded guilty, is not sufficient to rebut the presumption of regularity of the court records. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

2 A.D.2d 757, 153 N.Y.S.2d 260, 1956 N.Y. App. Div. LEXIS 4807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-erdmann-nyappdiv-1956.