People v. Prentice

Appellate Division of the Supreme Court of New York

People v. Prentice

282 A.D. 1101, 126 N.Y.S.2d 422, 1953 N.Y. App. Div. LEXIS 5914

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

DecidedDecember 22, 1953

StatusPublished

This text of 282 A.D. 1101 (People v. Prentice) 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. Prentice, 282 A.D. 1101, 126 N.Y.S.2d 422, 1953 N.Y. App. Div. LEXIS 5914 (N.Y. Ct. App. 1953).

Pincite

Opinion

Defendant-appellant appeals from an order of the Broome County Court, denying his motion in the nature of coram nobis to set aside a judgment of conviction for grand larceny in the first degree on the ground that he was not advised of his constitutional right to counsel. Petitioner was granted a hearing which was held at some length before the County Court. Several hearings were held at which witnesses were called, including petitioner. Petitioner testified that he was not advised of his right to counsel. Evidence to the contrary was offered in the form of testimony of a court clerk and a personally kept record in the handwriting of the County Judge before whom the conviction occurred. A question of fact was presented and there is evidence in the record to support the finding that petitioner was in fact advised of his right to counsel. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Defendant-appellant appeals from an order of the Broome County Court, denying his motion in the nature of coram nobis to set aside a judgment of conviction for grand larceny in the first degree on the ground that he was not advised of his constitutional right to counsel. Petitioner was granted a hearing which was held at some length before the County Court. Several hearings were held at which witnesses were called, including petitioner. Petitioner testified that he was not advised of his right to counsel. Evidence to the contrary was offered in the form of testimony of a court clerk and a personally kept record in the handwriting of the County Judge before whom the conviction occurred. A question of fact was presented and there is evidence in the record to support the finding that petitioner was in fact advised of his right to counsel. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 1101, 126 N.Y.S.2d 422, 1953 N.Y. App. Div. LEXIS 5914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prentice-nyappdiv-1953.