People v. Fogg

Appellate Division of the Supreme Court of New York

People v. Fogg

46 A.D.2d 979, 362 N.Y.S.2d 84, 1974 N.Y. App. Div. LEXIS 3258

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

DecidedDecember 23, 1974

StatusPublished

This text of 46 A.D.2d 979 (People v. Fogg) 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. Fogg, 46 A.D.2d 979, 362 N.Y.S.2d 84, 1974 N.Y. App. Div. LEXIS 3258 (N.Y. Ct. App. 1974).

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Opinion

Appeal from an order of the County Court of Schenectady County, entered January 24, 1974, which denied, without a hearing, a motion to vacate a 1945 judgment convicting defendant of sodomy. Defendant confines this appeal to the conclusional averments of the petition claiming that he was not advised of his right to appeal the sodomy conviction following trial nor of his right to challenge the constitutionality of a prior felony conviction. A hearing is not required in view of the lack of factual allegations regarding appeal (People v. Baunee, 38 A D 2d 703; People v. Carcuro, 38 A D 2d 609) or respecting the claim of unconstitutionality of the predicate-felony conviction (People v. Spencer, 32 N Y 2d 446, 450). Order affirmed. Greenblott, J. P., Cooke, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from an order of the County Court of Schenectady County, entered January 24, 1974, which denied, without a hearing, a motion to vacate a 1945 judgment convicting defendant of sodomy. Defendant confines this appeal to the conclusional averments of the petition claiming that he was not advised of his right to appeal the sodomy conviction following trial nor of his right to challenge the constitutionality of a prior felony conviction. A hearing is not required in view of the lack of factual allegations regarding appeal (People v. Baunee, 38 A D 2d 703; People v. Carcuro, 38 A D 2d 609) or respecting the claim of unconstitutionality of the predicate-felony conviction (People v. Spencer, 32 N Y 2d 446, 450). Order affirmed. Greenblott, J. P., Cooke, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

46 A.D.2d 979, 362 N.Y.S.2d 84, 1974 N.Y. App. Div. LEXIS 3258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fogg-nyappdiv-1974.