People v. Flynn

Appellate Division of the Supreme Court of New York

People v. Flynn

41 A.D.2d 953, 344 N.Y.S.2d 987, 1973 N.Y. App. Div. LEXIS 4419

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

DecidedMay 21, 1973

StatusPublished

This text of 41 A.D.2d 953 (People v. Flynn) 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. Flynn, 41 A.D.2d 953, 344 N.Y.S.2d 987, 1973 N.Y. App. Div. LEXIS 4419 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals (by permission) from an order of the Supreme Court, Queens County, dated October 4, 1971, which denied the application without a hearing. Order reversed, on the law and the consent of the District Attorney, and application granted to the extent of directing that a hearing be held, for which purpose the case is remitted to the Criminal Term. The validity of appellant’s allegation of ineffective assistance of counsel with respect to his guilty plea, because of a possible conflict of interest, can only be explored and determined at a hearing, where the necessary witnesses can testify to the circumstances surrounding the guilty plea (Glasser v. United States, 315 U. S. 60). Martuscello, Acting P. J., Latham, Shapiro, Brennan and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a coram nobis proceeding, defendant appeals (by permission) from an order of the Supreme Court, Queens County, dated October 4, 1971, which denied the application without a hearing. Order reversed, on the law and the consent of the District Attorney, and application granted to the extent of directing that a hearing be held, for which purpose the case is remitted to the Criminal Term. The validity of appellant’s allegation of ineffective assistance of counsel with respect to his guilty plea, because of a possible conflict of interest, can only be explored and determined at a hearing, where the necessary witnesses can testify to the circumstances surrounding the guilty plea (Glasser v. United States, 315 U. S. 60). Martuscello, Acting P. J., Latham, Shapiro, Brennan and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 953, 344 N.Y.S.2d 987, 1973 N.Y. App. Div. LEXIS 4419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flynn-nyappdiv-1973.

Opinion

Related

Cite This Page — Counsel Stack