People v. Reyes

Appellate Division of the Supreme Court of New York

People v. Reyes

33 A.D.2d 673, 305 N.Y.S.2d 162, 1969 N.Y. App. Div. LEXIS 2822

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

DecidedNovember 20, 1969

StatusPublished

This text of 33 A.D.2d 673 (People v. Reyes) 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. Reyes, 33 A.D.2d 673, 305 N.Y.S.2d 162, 1969 N.Y. App. Div. LEXIS 2822 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment of conviction rendered May 24, 1968, certifying defendant to the custody of the Narcotic Addiction Control Commission, reversed, on the law, and the ease reminded to the 'Supreme Court, Bronx County, for repleading. There was not an intelligent waiver of right to trial by jury on the question of defendant’s addiction to narcotics; indeed, defendant was not informed at all of this then generally unrecognized right when, after his plea of guilty, he admitted addiction, and the clerk’s warning was therefore insufficient (see People v. Fuller, 24 N Y 2d 292; People v. Donaldson, 25 N Y 2d 38). Concur — Capozzoli, J. P., Tilzer, Markewich, Nunez and McNally, JJ.

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Judgment of conviction rendered May 24, 1968, certifying defendant to the custody of the Narcotic Addiction Control Commission, reversed, on the law, and the ease reminded to the 'Supreme Court, Bronx County, for repleading. There was not an intelligent waiver of right to trial by jury on the question of defendant’s addiction to narcotics; indeed, defendant was not informed at all of this then generally unrecognized right when, after his plea of guilty, he admitted addiction, and the clerk’s warning was therefore insufficient (see People v. Fuller, 24 N Y 2d 292; People v. Donaldson, 25 N Y 2d 38). Concur — Capozzoli, J. P., Tilzer, Markewich, Nunez and McNally, JJ.

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Bluebook (online)

33 A.D.2d 673, 305 N.Y.S.2d 162, 1969 N.Y. App. Div. LEXIS 2822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reyes-nyappdiv-1969.