People v. Riley

Appellate Division of the Supreme Court of New York

People v. Riley

25 A.D.2d 915, 270 N.Y.S.2d 11, 1966 N.Y. App. Div. LEXIS 4153

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

DecidedMay 20, 1966

StatusPublished

Cited by2 cases

This text of 25 A.D.2d 915 (People v. Riley) 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. Riley, 25 A.D.2d 915, 270 N.Y.S.2d 11, 1966 N.Y. App. Div. LEXIS 4153 (N.Y. Ct. App. 1966).

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Opinion

Herlihy, J.

Appeal by defendant from judgment of [916]*916conviction on liis plea of guilty to a charge of abandonment. On March 11, 1965 the defendant pled guilty to the charge of abandonment and on such judgment of conviction the court suspended sentence with the statement that if he violated his probation, he would be imprisoned. Thereafter he was charged with violating his probation and sentenced to imprisonment. On August 9, 1965 he served a purported notice of appeal. The judgment of conviction, which was rendered March 11, 1965, cannot be reviewed since more than 30 days have passed since its rendition. (See Code Crim. Pro., § 521.) There is no right of appeal from the order revoking defendant’s probation (People v. Terry, 21 A D 2d 971) nor may there be a separate appeal from an order denying a motion to withdraw a plea of guilty (People v. Chabrier, 23 A D 2d 731). Accordingly, the appeal was not timely taken and the appeal is dismissed.

Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

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Herlihy, J.

Appeal by defendant from judgment of [916]*916conviction on liis plea of guilty to a charge of abandonment. On March 11, 1965 the defendant pled guilty to the charge of abandonment and on such judgment of conviction the court suspended sentence with the statement that if he violated his probation, he would be imprisoned. Thereafter he was charged with violating his probation and sentenced to imprisonment. On August 9, 1965 he served a purported notice of appeal. The judgment of conviction, which was rendered March 11, 1965, cannot be reviewed since more than 30 days have passed since its rendition. (See Code Crim. Pro., § 521.) There is no right of appeal from the order revoking defendant’s probation (People v. Terry, 21 A D 2d 971) nor may there be a separate appeal from an order denying a motion to withdraw a plea of guilty (People v. Chabrier, 23 A D 2d 731). Accordingly, the appeal was not timely taken and the appeal is dismissed.

Gibson, P. J., Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 915, 270 N.Y.S.2d 11, 1966 N.Y. App. Div. LEXIS 4153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-riley-nyappdiv-1966.

Opinion

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