People v. Kubitz

Appellate Division of the Supreme Court of New York

People v. Kubitz

28 A.D.2d 969, 283 N.Y.S.2d 276, 1967 N.Y. App. Div. LEXIS 3401

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

DecidedSeptember 21, 1967

StatusPublished

Cited by1 cases

This text of 28 A.D.2d 969 (People v. Kubitz) 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. Kubitz, 28 A.D.2d 969, 283 N.Y.S.2d 276, 1967 N.Y. App. Div. LEXIS 3401 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum; While the record of proceedings of December 12, 1962 purport to show that appellant was represented by an attorney upon the hearing of the charge of violation of probation, it now conclusively appears that the record is in error and defendant at that time neither had counsel nor was advised of his right thereto. A new hearing is required on the charge at which defendant is entitled, if he so requests, to have counsel assigned. (Cf. People v. Hamilton, 26 A D 2d 134; People v. Reynolds, 25 A D 2d 487.) (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for violation of probation rendered January 9, 1963.) Present — Williams, P. J., Bastow, Henry and Del Veeehio, JJ.

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Memorandum; While the record of proceedings of December 12, 1962 purport to show that appellant was represented by an attorney upon the hearing of the charge of violation of probation, it now conclusively appears that the record is in error and defendant at that time neither had counsel nor was advised of his right thereto. A new hearing is required on the charge at which defendant is entitled, if he so requests, to have counsel assigned. (Cf. People v. Hamilton, 26 A D 2d 134; People v. Reynolds, 25 A D 2d 487.) (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate a judgment of conviction for violation of probation rendered January 9, 1963.) Present — Williams, P. J., Bastow, Henry and Del Veeehio, JJ.

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Bluebook (online)

28 A.D.2d 969, 283 N.Y.S.2d 276, 1967 N.Y. App. Div. LEXIS 3401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kubitz-nyappdiv-1967.

Opinion

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