People v. Haley

Appellate Division of the Supreme Court of New York

People v. Haley

27 A.D.2d 984, 278 N.Y.S.2d 786, 1967 N.Y. App. Div. LEXIS 4497

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

DecidedApril 6, 1967

StatusPublished

This text of 27 A.D.2d 984 (People v. Haley) 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. Haley, 27 A.D.2d 984, 278 N.Y.S.2d 786, 1967 N.Y. App. Div. LEXIS 4497 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment insofar as it sentences defendant unanimously reversed, sentence vacated, and matter remitted to Chautauqua County Court for further proceedings in accordance with the Memorandum. Memorandum: Defendant, in this appeal from a judgment of conviction rendered upon a plea of guilty, contends, among other claims that he was not advised of his rights to question the constitutionality of his prior conviction. The record confirms this fact. The District Attorney upon argument conceded that under the law as it existed at time of sentencing defendant should have been advised of his constitutional rights and that the failure to do so requires that the sentence [985]*985be vacated and the matter remitted for resentencing in accordance with the provisions of section 1943 of the Penal Law. Justice requires, and the District Attorney so conceded, that defendant should be permitted to withdraw his plea at the resentencing proceedings, if so advised (People v. Green, 25 A D 2d 507). (Appeal from judgment of Chautauqua County Court convicting defendant of forgery, second degree.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Judgment insofar as it sentences defendant unanimously reversed, sentence vacated, and matter remitted to Chautauqua County Court for further proceedings in accordance with the Memorandum. Memorandum: Defendant, in this appeal from a judgment of conviction rendered upon a plea of guilty, contends, among other claims that he was not advised of his rights to question the constitutionality of his prior conviction. The record confirms this fact. The District Attorney upon argument conceded that under the law as it existed at time of sentencing defendant should have been advised of his constitutional rights and that the failure to do so requires that the sentence [985]*985be vacated and the matter remitted for resentencing in accordance with the provisions of section 1943 of the Penal Law. Justice requires, and the District Attorney so conceded, that defendant should be permitted to withdraw his plea at the resentencing proceedings, if so advised (People v. Green, 25 A D 2d 507). (Appeal from judgment of Chautauqua County Court convicting defendant of forgery, second degree.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

27 A.D.2d 984, 278 N.Y.S.2d 786, 1967 N.Y. App. Div. LEXIS 4497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-haley-nyappdiv-1967.