People v. Spencer

Appellate Division of the Supreme Court of New York

People v. Spencer

40 A.D.2d 838, 337 N.Y.S.2d 335, 1972 N.Y. App. Div. LEXIS 3497

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

DecidedNovember 6, 1972

StatusPublished

This text of 40 A.D.2d 838 (People v. Spencer) 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. Spencer, 40 A.D.2d 838, 337 N.Y.S.2d 335, 1972 N.Y. App. Div. LEXIS 3497 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered July 1, 1971, which [839]*839denied the application without a hearing. Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing in accordance with the views hereinafter set forth. In our opinion, defendant is entitled to a hearing on the issue of whether, on sentence, he was advised of his right to challenge predicate convictions. Pursuant to the 1964 amendment to section 1943 of the former Penal Law (L. 1964, ch. 446), the sentencing court was required to inform defendant of his right to attack a previous conviction. The hearing Justice may also determine whether defendant waived such right. Rabin, P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered July 1, 1971, which [839]*839denied the application without a hearing. Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing in accordance with the views hereinafter set forth. In our opinion, defendant is entitled to a hearing on the issue of whether, on sentence, he was advised of his right to challenge predicate convictions. Pursuant to the 1964 amendment to section 1943 of the former Penal Law (L. 1964, ch. 446), the sentencing court was required to inform defendant of his right to attack a previous conviction. The hearing Justice may also determine whether defendant waived such right. Rabin, P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 838, 337 N.Y.S.2d 335, 1972 N.Y. App. Div. LEXIS 3497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spencer-nyappdiv-1972.