People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

34 A.D.2d 763

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

DecidedMay 14, 1970

StatusPublished

This text of 34 A.D.2d 763 (People v. Fernandez) 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. Fernandez, 34 A.D.2d 763 (N.Y. Ct. App. 1970).

Pincite

Opinion

Lodgment rendered October 26, 1967, convicting defendant, upon a plea <uf guilty, of the crime of robbery in the third degree, and sentencing him, as, a second felony offender, to a term of 10 to 15 years in State Prison, unanimously affirmed on the law and the facts. Determination of the appeal wa.y'withheld and the questions of wfhether section 335-e of the Code of Criminal Procedure had been complied with and defendant’s comprehension of tbsn' admonition given him by the court) at the time of the entry of the guilty 'plea were remanded for a hearing. (3/2 A D 2d 628.) After such a hearin y, the trial court found, by order dated I'iarch 9, 1970, that defendant prqr--,rly comprehended the admonition. Our r,eview of the testimony at the K-|(íring confirms that conclusion. After consideration of all the issues raised on the original appeal, the judgment appealed from is affirmed. Concur — Capozzoli, J. P., Markewich, Nunez, McNally and Tilzer, JJ.

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Lodgment rendered October 26, 1967, convicting defendant, upon a plea <uf guilty, of the crime of robbery in the third degree, and sentencing him, as, a second felony offender, to a term of 10 to 15 years in State Prison, unanimously affirmed on the law and the facts. Determination of the appeal wa.y'withheld and the questions of wfhether section 335-e of the Code of Criminal Procedure had been complied with and defendant’s comprehension of tbsn' admonition given him by the court) at the time of the entry of the guilty 'plea were remanded for a hearing. (3/2 A D 2d 628.) After such a hearin y, the trial court found, by order dated I'iarch 9, 1970, that defendant prqr--,rly comprehended the admonition. Our r,eview of the testimony at the K-|(íring confirms that conclusion. After consideration of all the issues raised on the original appeal, the judgment appealed from is affirmed. Concur — Capozzoli, J. P., Markewich, Nunez, McNally and Tilzer, JJ.

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Bluebook (online)

34 A.D.2d 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-1970.