Home/New York Court of Appeals/People v. Nicholson

People v. Nicholson

184 N.E.2d 190, 11 N.Y.2d 1067
CourtNew York Court of Appeals
DecidedJuly 6, 1962
StatusPublished
Cited by14 cases

This text of 184 N.E.2d 190 (People v. Nicholson) 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. Nicholson, 184 N.E.2d 190, 11 N.Y.2d 1067 (N.Y. 1962).

Opinion

Per Curiam.

A defendant who has knowingly and voluntarily pleaded guilty may not thereafter attack the judgment of conviction entered thereon by coram nobis or other post-conviction remedy on the ground that he had been coerced into making a confession and that the existence of such coerced confession induced him to enter the plea of guilty. If a defendant desires to contest the voluntariness of his confession, he must do so by pleading not guilty and then raising the point upon the trial; he may not plead guilty and then, years later, at a time when the prosecution is perhaps unable to prove its case, assert this alleged constitutional violation. The issue as to whether the confession was illegally obtained is waived by the guilty plea. People v. Berger (9 N Y 2d 692) clearly differs from this case in its fact pattern.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Order affirmed. .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Bray
154 A.D.2d 692 (Appellate Division of the Supreme Court of New York, 1989)
People v. Dobson
124 A.D.2d 744 (Appellate Division of the Supreme Court of New York, 1986)
People v. Thomas
74 A.D.2d 317 (Appellate Division of the Supreme Court of New York, 1980)
People v. Blim
61 A.D.2d 876 (Appellate Division of the Supreme Court of New York, 1978)
People v. Jones
87 Misc. 2d 931 (New York Supreme Court, 1976)
People v. Francis
341 N.E.2d 540 (New York Court of Appeals, 1975)
People v. Rivera
50 A.D.2d 805 (Appellate Division of the Supreme Court of New York, 1975)
People v. Willis
49 A.D.2d 811 (Appellate Division of the Supreme Court of New York, 1975)
People v. Temple
179 N.W.2d 200 (Michigan Court of Appeals, 1970)
United States ex rel. Ross v. McMann
409 F.2d 1016 (Second Circuit, 1969)
United States of America Ex Rel. Wilbert Ross, Relator-Appellant v. Daniel McMann as Warden of Clinton Prison, Dannemora, New York, United States of America Ex Rel. Foster Dash v. The Hon. Harold W. Follette, Warden of Green Haven State Prison, Stormville, New York
409 F.2d 1016 (Second Circuit, 1969)
United States ex rel. Rigwood v. Mancusi
289 F. Supp. 849 (S.D. New York, 1968)
United States of America Ex Rel. Nicholas J. Marinaccio, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New York
336 F.2d 272 (Second Circuit, 1964)
United States of America Ex Rel. Melvin Vaughn, Relator-Appellant v. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New York
318 F.2d 499 (Second Circuit, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
184 N.E.2d 190, 11 N.Y.2d 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nicholson-ny-1962.