People v. Koehl

Appellate Division of the Supreme Court of New York

People v. Koehl

23 A.D.2d 690, 257 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 4617

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

DecidedMarch 22, 1965

StatusPublished

This text of 23 A.D.2d 690 (People v. Koehl) 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. Koehl, 23 A.D.2d 690, 257 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 4617 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Count, Kings County, entered September 4, 1964, which denied without a hearing bis application to vacate a judgment of said count rendered April 29, 1963 on Ms plea of guilty, convicting him of attempted forgery in the third degree, and imposing sentence. Order reversed on the law and the facts, and application remitted to the Supreme Count, Kings County: (1) for a hearing on the defendant's riaim that he was mentally incapable of understanding the Charges and making his defense at the time of his plea of guilty and sentence; and (2) for further proceedings not inconsistent herewith. In our opinion, the facts alleged by the defendant are sufficient to require a hearing upon Ms claim of inieompetency at the time he pleaded guilty and was sentenced (People v. Jones, 12 N Y 2d 1024; People v. Sprague, 11 N Y 2d 951; People v. Bowndy, 10 N Y 2d 518). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Count, Kings County, entered September 4, 1964, which denied without a hearing bis application to vacate a judgment of said count rendered April 29, 1963 on Ms plea of guilty, convicting him of attempted forgery in the third degree, and imposing sentence. Order reversed on the law and the facts, and application remitted to the Supreme Count, Kings County: (1) for a hearing on the defendant's riaim that he was mentally incapable of understanding the Charges and making his defense at the time of his plea of guilty and sentence; and (2) for further proceedings not inconsistent herewith. In our opinion, the facts alleged by the defendant are sufficient to require a hearing upon Ms claim of inieompetency at the time he pleaded guilty and was sentenced (People v. Jones, 12 N Y 2d 1024; People v. Sprague, 11 N Y 2d 951; People v. Bowndy, 10 N Y 2d 518). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 690, 257 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 4617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-koehl-nyappdiv-1965.