People v. Lynch

Appellate Division of the Supreme Court of New York

People v. Lynch

2 A.D.2d 854, 155 N.Y.S.2d 849, 1956 N.Y. App. Div. LEXIS 4255

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

DecidedOctober 8, 1956

StatusPublished

Cited by2 cases

This text of 2 A.D.2d 854 (People v. Lynch) 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. Lynch, 2 A.D.2d 854, 155 N.Y.S.2d 849, 1956 N.Y. App. Div. LEXIS 4255 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order of the County Court, Westchester County, granting respondent’s application in the nature of a writ of error coram nobis to vacate a judgment of said court rendered October 1, 1923 convicting him, on his plea of guilty, of burglary in the third degree. The application was made on the ground that respondent was not advised of his right to counsel and was not represented by counsel. Order reversed on the law and the facts and proceeding remitted to the County Court, Westchester County, for further proceedings not inconsistent herewith. The clear and detailed testimony of the learned former County Judge who presided at the arraignment, accredited by the learned County Judge who conducted the hearing in this proceeding, shows, together with undisputed documentary proof, that respondent was well aware of the nature of, and was accorded, his constitutional rights. Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur. [2 Misc 2d 217.]

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Appeal from an order of the County Court, Westchester County, granting respondent’s application in the nature of a writ of error coram nobis to vacate a judgment of said court rendered October 1, 1923 convicting him, on his plea of guilty, of burglary in the third degree. The application was made on the ground that respondent was not advised of his right to counsel and was not represented by counsel. Order reversed on the law and the facts and proceeding remitted to the County Court, Westchester County, for further proceedings not inconsistent herewith. The clear and detailed testimony of the learned former County Judge who presided at the arraignment, accredited by the learned County Judge who conducted the hearing in this proceeding, shows, together with undisputed documentary proof, that respondent was well aware of the nature of, and was accorded, his constitutional rights. Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur. [2 Misc 2d 217.]

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Bluebook (online)

2 A.D.2d 854, 155 N.Y.S.2d 849, 1956 N.Y. App. Div. LEXIS 4255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lynch-nyappdiv-1956.

Opinion

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