People v. Mackie

Appellate Division of the Supreme Court of New York

People v. Mackie

20 A.D.2d 918, 249 N.Y.S.2d 474, 1964 N.Y. App. Div. LEXIS 4009

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

DecidedApril 20, 1964

StatusPublished

This text of 20 A.D.2d 918 (People v. Mackie) 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. Mackie, 20 A.D.2d 918, 249 N.Y.S.2d 474, 1964 N.Y. App. Div. LEXIS 4009 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated October 18, 1963, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered December 19, 1951 on his plea of guilty, convicting him of attempted grand larceny in the second degree, and imposing sentence. Order reversed on the law and the facts, and proceeding remitted to the Criminal Term, Supreme Court, Kings County, for the purpose of: (a) holding a hearing and taking proof on the issue of defendant’s sanity at the time of Ms plea and sentence; and (b) making a determination on the basis of all the proof adduced. We are of the opinion that defendant’s claim of insanity at the time he pleaded guilty and at the time of sentence presented issues which required a hearing (People V. Boundy, 10 N Y 2d 518; People v. Sprague, 11 N Y 2d 951; People v. Jones, 17 A D 2d 970; People v. Hines, 18 A D 2d 1016). Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated October 18, 1963, which denied without a hearing his application to vacate a judgment of the former County Court, Kings County, rendered December 19, 1951 on his plea of guilty, convicting him of attempted grand larceny in the second degree, and imposing sentence. Order reversed on the law and the facts, and proceeding remitted to the Criminal Term, Supreme Court, Kings County, for the purpose of: (a) holding a hearing and taking proof on the issue of defendant’s sanity at the time of Ms plea and sentence; and (b) making a determination on the basis of all the proof adduced. We are of the opinion that defendant’s claim of insanity at the time he pleaded guilty and at the time of sentence presented issues which required a hearing (People V. Boundy, 10 N Y 2d 518; People v. Sprague, 11 N Y 2d 951; People v. Jones, 17 A D 2d 970; People v. Hines, 18 A D 2d 1016). Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 918, 249 N.Y.S.2d 474, 1964 N.Y. App. Div. LEXIS 4009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mackie-nyappdiv-1964.