People v. Hirsch

Appellate Division of the Supreme Court of New York

People v. Hirsch

281 A.D. 989, 120 N.Y.S.2d 853, 1953 N.Y. App. Div. LEXIS 4024

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

DecidedApril 20, 1953

StatusPublished

Cited by1 cases

This text of 281 A.D. 989 (People v. Hirsch) 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. Hirsch, 281 A.D. 989, 120 N.Y.S.2d 853, 1953 N.Y. App. Div. LEXIS 4024 (N.Y. Ct. App. 1953).

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Opinion

— 'Defendant appeals from a judgment of the County Court of the County of Kings convicting him, upon a plea of guilty, of the crime of petit larceny, and from two orders of the said court denying his motions in the nature of coram nobis to vacate the said judgment and to permit the withdrawal of the guilty plea. Judgment reversed and the matter remitted to the County Court for resentencing. A person may not be sentenced to serve a term of imprisonment in a penitentiary and at the same time have a fine imposed upon him, as punishment upon conviction of a crime. (Correction Law, § 203, subd. [f]; People v. DeLeen, 290 N. Y. 310.) Orders affirmed. Although there appears to be at least grave doubt that appellant in fact committed any crime, he did plead guilty upon a prosecution which was based on an indictment which is apparently valid on its face, and the record conclusively establishes that the plea was not induced by any official fraud. (See People v. Warnbrand, 278 App. Div. 956.) Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ., concur.

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— 'Defendant appeals from a judgment of the County Court of the County of Kings convicting him, upon a plea of guilty, of the crime of petit larceny, and from two orders of the said court denying his motions in the nature of coram nobis to vacate the said judgment and to permit the withdrawal of the guilty plea. Judgment reversed and the matter remitted to the County Court for resentencing. A person may not be sentenced to serve a term of imprisonment in a penitentiary and at the same time have a fine imposed upon him, as punishment upon conviction of a crime. (Correction Law, § 203, subd. [f]; People v. DeLeen, 290 N. Y. 310.) Orders affirmed. Although there appears to be at least grave doubt that appellant in fact committed any crime, he did plead guilty upon a prosecution which was based on an indictment which is apparently valid on its face, and the record conclusively establishes that the plea was not induced by any official fraud. (See People v. Warnbrand, 278 App. Div. 956.) Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

281 A.D. 989, 120 N.Y.S.2d 853, 1953 N.Y. App. Div. LEXIS 4024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hirsch-nyappdiv-1953.

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