People v. Jacobs

Appellate Division of the Supreme Court of New York

People v. Jacobs

23 A.D.2d 762, 258 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4521

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

DecidedApril 5, 1965

StatusPublished

This text of 23 A.D.2d 762 (People v. Jacobs) 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. Jacobs, 23 A.D.2d 762, 258 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4521 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 1, 1963 on Ms plea of guilty, convicting him of robbery in the first degree and imposing sentence upon him as a second felony offender. Judgment reversed on the law and the facts; motion to withdraw plea of guilty granted; and new trial ordered as to said defendant. Defendant’s sole contention is that the trial court abused its discretion in denying Ms motion to withdraw his plea of guilty. The proof shows that when the defendant pleaded guilty he had been fully informed by the trial court of the consequences of his being adjudged a second felony offender if the record should later establish that he had previously been convicted of a felony. However, the record also discloses: (1) that at the time the defendant pleaded guilty neither he nor his counsel was aware that his prior conviction by a United States Navy court martial would constitute a prior felony conviction; and (2) that defendant’s guilty plea was due to such ignorance and misunderstanding. Under the circumstances, we believe that his motion to withdraw his plea, made before sentence, should have been granted by the trial court in the provident exercise of its discretion. Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 1, 1963 on Ms plea of guilty, convicting him of robbery in the first degree and imposing sentence upon him as a second felony offender. Judgment reversed on the law and the facts; motion to withdraw plea of guilty granted; and new trial ordered as to said defendant. Defendant’s sole contention is that the trial court abused its discretion in denying Ms motion to withdraw his plea of guilty. The proof shows that when the defendant pleaded guilty he had been fully informed by the trial court of the consequences of his being adjudged a second felony offender if the record should later establish that he had previously been convicted of a felony. However, the record also discloses: (1) that at the time the defendant pleaded guilty neither he nor his counsel was aware that his prior conviction by a United States Navy court martial would constitute a prior felony conviction; and (2) that defendant’s guilty plea was due to such ignorance and misunderstanding. Under the circumstances, we believe that his motion to withdraw his plea, made before sentence, should have been granted by the trial court in the provident exercise of its discretion. Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 762, 258 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jacobs-nyappdiv-1965.