People v. Russo

Appellate Division of the Supreme Court of New York

People v. Russo

16 A.D.2d 821, 228 N.Y.S.2d 734, 1962 N.Y. App. Div. LEXIS 9589

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

DecidedMay 21, 1962

StatusPublished

This text of 16 A.D.2d 821 (People v. Russo) 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. Russo, 16 A.D.2d 821, 228 N.Y.S.2d 734, 1962 N.Y. App. Div. LEXIS 9589 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated October 17, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered January 16, 1961 on his plea of guilty, convicting him of attempted burglary in the third degree, and sentencing him as a third felony offender to serve a term of 5 to 10 years. Order affirmed. Defendant claims that at his trial for burglary in the third degree he pleaded guilty, at the close of the People’s case, to the reduced charge of attempted burglary because the jury had been drawn from a panel which overheard a Judge other than the Trial Judge reprimand him. Defendant’s remedy was the voir dire examination of the jurors. No [822]*822motion for a mistrial was made. The moving papers and the record make it plain that the reason for defendant’s plea to a reduced charge was the strong likelihood that, having been apprehended by a policeman at night while trying to pry open a safe, he would be convicted of burglary and sentenced as a fourth offender. Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated October 17, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered January 16, 1961 on his plea of guilty, convicting him of attempted burglary in the third degree, and sentencing him as a third felony offender to serve a term of 5 to 10 years. Order affirmed. Defendant claims that at his trial for burglary in the third degree he pleaded guilty, at the close of the People’s case, to the reduced charge of attempted burglary because the jury had been drawn from a panel which overheard a Judge other than the Trial Judge reprimand him. Defendant’s remedy was the voir dire examination of the jurors. No [822]*822motion for a mistrial was made. The moving papers and the record make it plain that the reason for defendant’s plea to a reduced charge was the strong likelihood that, having been apprehended by a policeman at night while trying to pry open a safe, he would be convicted of burglary and sentenced as a fourth offender. Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

16 A.D.2d 821, 228 N.Y.S.2d 734, 1962 N.Y. App. Div. LEXIS 9589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-russo-nyappdiv-1962.