People v. Hardy

Appellate Division of the Supreme Court of New York

People v. Hardy

25 A.D.2d 946, 271 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4275

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

DecidedMay 19, 1966

StatusPublished

This text of 25 A.D.2d 946 (People v. Hardy) 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. Hardy, 25 A.D.2d 946, 271 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4275 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order unanimously reversed and matter remitted to. Supreme Court, Erie County, for a hearing in accordance with the memorandum,. Memorandum: Upon the petition and from an examination of the record of the proceedings of June 26, 1953 when the defendant entered a plea of guilty to murder, second degree, an issue is presented as to whether the plea was procured as a consequence of coercion and duress on the part of the Justice who accepted the plea and imposed sentence which can only be resolved on a hearing (see People v. Picciotti, 4 N Y 2d 340). We do not find that United States ex rel. Hetenyi v. Wilkins (348 F. 2d 844) has any .application to the issues- here. Inasmuch as the Justice taking the plea of guilty might be called as a witness at the hearing, the matter should be heard before another Justice. (Appeal from order of Supreme Court, Erie County, denying, without a hearing, application to vacate a judgment of conviction for murder, second degree, rendered July 3, 1953.)

Present — -Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Order unanimously reversed and matter remitted to. Supreme Court, Erie County, for a hearing in accordance with the memorandum,. Memorandum: Upon the petition and from an examination of the record of the proceedings of June 26, 1953 when the defendant entered a plea of guilty to murder, second degree, an issue is presented as to whether the plea was procured as a consequence of coercion and duress on the part of the Justice who accepted the plea and imposed sentence which can only be resolved on a hearing (see People v. Picciotti, 4 N Y 2d 340). We do not find that United States ex rel. Hetenyi v. Wilkins (348 F. 2d 844) has any .application to the issues- here. Inasmuch as the Justice taking the plea of guilty might be called as a witness at the hearing, the matter should be heard before another Justice. (Appeal from order of Supreme Court, Erie County, denying, without a hearing, application to vacate a judgment of conviction for murder, second degree, rendered July 3, 1953.)

Present — -Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 946, 271 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardy-nyappdiv-1966.

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