People v. Machado

New York Court of Appeals

People v. Machado

213 N.E.2d 804, 17 N.Y.2d 440, 266 N.Y.S.2d 525, 1965 N.Y. LEXIS 926

CourtNew York Court of Appeals

DecidedDecember 30, 1965

StatusPublished

Cited by3 cases

This text of 213 N.E.2d 804 (People v. Machado) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Machado, 213 N.E.2d 804, 17 N.Y.2d 440, 266 N.Y.S.2d 525, 1965 N.Y. LEXIS 926 (N.Y. 1965).

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Opinion

Memorandum.

The order should be affirmed on the merits. Section 1943 of the Penal Law, as amended in 1964 (L. 1964, ch. 446), now requires our courts to give relief when it appears that a defendant’s previous out-of-State conviction “ was obtained in violation of [his] rights * * * under the applicable provisions of the constitution of the United States ” and has been utilized as a predicate for multiple offender treatment. In view of this amendment to the statute, the defendant is unquestionably seeking to correct an error by our courts in treating him as a multiple offender. Accordingly, we deem the application made by the defendant to be one for corara nobis relief. So regarded, it is appealable ('Code Grim. Pro., § 517).

Chief Judge Desmond and Judges Dye, Fudd, Van Voobhis, Burke and Berdan concur; Judge Scileppi taking no part.

Order affirmed.

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Memorandum.

The order should be affirmed on the merits. Section 1943 of the Penal Law, as amended in 1964 (L. 1964, ch. 446), now requires our courts to give relief when it appears that a defendant’s previous out-of-State conviction “ was obtained in violation of [his] rights * * * under the applicable provisions of the constitution of the United States ” and has been utilized as a predicate for multiple offender treatment. In view of this amendment to the statute, the defendant is unquestionably seeking to correct an error by our courts in treating him as a multiple offender. Accordingly, we deem the application made by the defendant to be one for corara nobis relief. So regarded, it is appealable ('Code Grim. Pro., § 517).

Chief Judge Desmond and Judges Dye, Fudd, Van Voobhis, Burke and Berdan concur; Judge Scileppi taking no part.

Order affirmed.

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Bluebook (online)

213 N.E.2d 804, 17 N.Y.2d 440, 266 N.Y.S.2d 525, 1965 N.Y. LEXIS 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-machado-ny-1965.

Opinion

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