People v. Jester

Appellate Division of the Supreme Court of New York

People v. Jester

4 A.D.2d 841, 168 N.Y.S.2d 520, 1957 N.Y. App. Div. LEXIS 4583

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

DecidedSeptember 19, 1957

StatusPublished

This text of 4 A.D.2d 841 (People v. Jester) 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. Jester, 4 A.D.2d 841, 168 N.Y.S.2d 520, 1957 N.Y. App. Div. LEXIS 4583 (N.Y. Ct. App. 1957).

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Opinion

Appeal from an order of the County Court of Schoharie County, denying the defendant-appellant's application, in the nature of a writ of error coram nobis, to vacate a judgment of conviction. In view of the confusion as to the identity of the check upon which the forgery indictment, to which the appellant pleaded guilty, was based, we believe that a formal hearing should be held upon the appellant’s application. It appears that there was an informal hearing and that certain exhibits were considered by the court but no formal hearing was held (cf. People v. Moss, 4 A D 2d 810). The order is accordingly reversed and the ease remitted to the County Court for hearing. If the appellant requests the assistance of counsel, counsel should be assigned to represent him at the hearing (People v. St. John, 281 App. Div. 1061). Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ., concur.

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Appeal from an order of the County Court of Schoharie County, denying the defendant-appellant's application, in the nature of a writ of error coram nobis, to vacate a judgment of conviction. In view of the confusion as to the identity of the check upon which the forgery indictment, to which the appellant pleaded guilty, was based, we believe that a formal hearing should be held upon the appellant’s application. It appears that there was an informal hearing and that certain exhibits were considered by the court but no formal hearing was held (cf. People v. Moss, 4 A D 2d 810). The order is accordingly reversed and the ease remitted to the County Court for hearing. If the appellant requests the assistance of counsel, counsel should be assigned to represent him at the hearing (People v. St. John, 281 App. Div. 1061). Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ., concur.

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Bluebook (online)

4 A.D.2d 841, 168 N.Y.S.2d 520, 1957 N.Y. App. Div. LEXIS 4583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jester-nyappdiv-1957.

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