People v. Green

Appellate Division of the Supreme Court of New York

People v. Green

25 A.D.2d 507, 266 N.Y.S.2d 551, 1966 N.Y. App. Div. LEXIS 5052

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

DecidedFebruary 3, 1966

StatusPublished

This text of 25 A.D.2d 507 (People v. Green) 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. Green, 25 A.D.2d 507, 266 N.Y.S.2d 551, 1966 N.Y. App. Div. LEXIS 5052 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment convicting defendant on his plea of guilty to the crime of rape in the second degree insofar as said judgment sentences defendant as a second offender, unanimously reversed on the law to the extent of setting aside the sentence and remanding the ease to the Supreme Court for resentencing and otherwise the conviction is affirmed. Defendant pleaded guilty to the crime of rape in the second degree and was sentenced as a second felony offender to imprisonment of not less than 5 nor more than 10 years. While defendant was informed that he could challenge the contention that he [508]*508was the person convicted of the prior felony, he was not informed that he could contest the constitutionality of the prior conviction. This was his right (Penal Law, § 1943). As he now claims that on the prior conviction, in Florida, he was not given counsel, the failure to advise him is a substantial violation of his rights. He should be resenteneed in accord with this memorandum.

Concur — McNally, J. P., Stevens, Eager, Steuer and Witmer, JJ.

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Judgment convicting defendant on his plea of guilty to the crime of rape in the second degree insofar as said judgment sentences defendant as a second offender, unanimously reversed on the law to the extent of setting aside the sentence and remanding the ease to the Supreme Court for resentencing and otherwise the conviction is affirmed. Defendant pleaded guilty to the crime of rape in the second degree and was sentenced as a second felony offender to imprisonment of not less than 5 nor more than 10 years. While defendant was informed that he could challenge the contention that he [508]*508was the person convicted of the prior felony, he was not informed that he could contest the constitutionality of the prior conviction. This was his right (Penal Law, § 1943). As he now claims that on the prior conviction, in Florida, he was not given counsel, the failure to advise him is a substantial violation of his rights. He should be resenteneed in accord with this memorandum.

Concur — McNally, J. P., Stevens, Eager, Steuer and Witmer, JJ.

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Bluebook (online)

25 A.D.2d 507, 266 N.Y.S.2d 551, 1966 N.Y. App. Div. LEXIS 5052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-green-nyappdiv-1966.