People v. Rufus Peoples

Appellate Division of the Supreme Court of New York

People v. Rufus Peoples

28 A.D.2d 1085, 285 N.Y.S.2d 229, 1967 N.Y. App. Div. LEXIS 3225

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

DecidedOctober 26, 1967

StatusPublished

This text of 28 A.D.2d 1085 (People v. Rufus Peoples) 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. Rufus Peoples, 28 A.D.2d 1085, 285 N.Y.S.2d 229, 1967 N.Y. App. Div. LEXIS 3225 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: Papers before County Court show that petitioner’s attorney erroneously informed him before entering a plea of guilty that his prior conviction would not render him a felony offender because he had received a suspended sentence thereon, and also indicate that the sentencing judge was made aware of such erroneous advice and failed to afford petitioner an opportunity to withdraw his plea before sentencing him as a second felony offender. A hearing should be had at which evidence may be adduced which might warrant application of the rule stated in People v. Serrano (15 N Y 2d 304). (Appeal from order of Erie County Court, denying, without a hearing, motion to vacate a judgment of conviction for attempted violation of subdivision 1 of section 1751 of the Penal Law.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.

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Memorandum: Papers before County Court show that petitioner’s attorney erroneously informed him before entering a plea of guilty that his prior conviction would not render him a felony offender because he had received a suspended sentence thereon, and also indicate that the sentencing judge was made aware of such erroneous advice and failed to afford petitioner an opportunity to withdraw his plea before sentencing him as a second felony offender. A hearing should be had at which evidence may be adduced which might warrant application of the rule stated in People v. Serrano (15 N Y 2d 304). (Appeal from order of Erie County Court, denying, without a hearing, motion to vacate a judgment of conviction for attempted violation of subdivision 1 of section 1751 of the Penal Law.) Present — Bastow, J. P., Goldman, Henry, Del Veechio and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 1085, 285 N.Y.S.2d 229, 1967 N.Y. App. Div. LEXIS 3225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rufus-peoples-nyappdiv-1967.