People v. Freid

Appellate Division of the Supreme Court of New York

People v. Freid

24 A.D.2d 537, 261 N.Y.S.2d 309, 1965 N.Y. App. Div. LEXIS 3858

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

DecidedJune 23, 1965

StatusPublished

This text of 24 A.D.2d 537 (People v. Freid) 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. Freid, 24 A.D.2d 537, 261 N.Y.S.2d 309, 1965 N.Y. App. Div. LEXIS 3858 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order unanimously reversed and matter remitted to Ontario County Court for further proceedings in accordance with the Memorandum. Memorandum: Appellant when 19 years old in 1946 entered a plea of guilty without the aid of counsel to an indictment charging a serious felony. Shortly before he had been released from a State institution for mental defectives. Again in 1956 he entered a plea of guilty without an attorney to an indictment charging burglary, second degree, and as a second offender received a long prison sentence. The record before us contains excerpts from reports of mental examinations made in various State mental institutions and a prison. Upon these applications for coram nobis relief hearings should have been held. (Cf. People v. Drake, 15 N Y 2d 626; People v. Davis, 23 A D 2d 963.) Inasmuch as the sentencing and present County Judge might be a witness thereat, the hearings should be held before another Judge. (Appeal from order of Ontario County Court, denying, without a hearing, motion to vacate a judgment of conviction for sodomy rendered October 18, 1946 and motion to vacate judgment of conviction for violation of probation rendered January 7, 1947.) Present — Williams, P. J., Bastow, Henry and Del Vecchio, JJ.

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Order unanimously reversed and matter remitted to Ontario County Court for further proceedings in accordance with the Memorandum. Memorandum: Appellant when 19 years old in 1946 entered a plea of guilty without the aid of counsel to an indictment charging a serious felony. Shortly before he had been released from a State institution for mental defectives. Again in 1956 he entered a plea of guilty without an attorney to an indictment charging burglary, second degree, and as a second offender received a long prison sentence. The record before us contains excerpts from reports of mental examinations made in various State mental institutions and a prison. Upon these applications for coram nobis relief hearings should have been held. (Cf. People v. Drake, 15 N Y 2d 626; People v. Davis, 23 A D 2d 963.) Inasmuch as the sentencing and present County Judge might be a witness thereat, the hearings should be held before another Judge. (Appeal from order of Ontario County Court, denying, without a hearing, motion to vacate a judgment of conviction for sodomy rendered October 18, 1946 and motion to vacate judgment of conviction for violation of probation rendered January 7, 1947.) Present — Williams, P. J., Bastow, Henry and Del Vecchio, JJ.

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Bluebook (online)

24 A.D.2d 537, 261 N.Y.S.2d 309, 1965 N.Y. App. Div. LEXIS 3858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freid-nyappdiv-1965.