People v. Stewart

Appellate Division of the Supreme Court of New York

People v. Stewart

38 A.D.2d 699, 328 N.Y.S.2d 163, 1972 N.Y. App. Div. LEXIS 5514

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

DecidedJanuary 25, 1972

StatusPublished

This text of 38 A.D.2d 699 (People v. Stewart) 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. Stewart, 38 A.D.2d 699, 328 N.Y.S.2d 163, 1972 N.Y. App. Div. LEXIS 5514 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered on April 22, 1970, unanimously reversed, on the law, and the matter remanded to the Supreme Court for a hearing on whether defendant should be allowed to withdraw his plea of guilty. Defendant pleaded guilty to robbery in the third degree on March 20, 1970. The minutes of this proceeding have been lost and no attempt to reconstruct them has been made. When defendant appeared for sentence on April 22, 1970, he attempted to withdraw his plea contending he was not guilty. The application was denied and he was sentenced. The validity of his application would in large measure depend on what took place at the taking of the plea. As this cannot now be reviewed, a hearing is required (People v. McKennion, 27 N Y 2d 671). Concur — Nunez, J. P., Kupferman, Steuer and Tilzer, JJ.

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Judgment, Supreme Court, Bronx County, rendered on April 22, 1970, unanimously reversed, on the law, and the matter remanded to the Supreme Court for a hearing on whether defendant should be allowed to withdraw his plea of guilty. Defendant pleaded guilty to robbery in the third degree on March 20, 1970. The minutes of this proceeding have been lost and no attempt to reconstruct them has been made. When defendant appeared for sentence on April 22, 1970, he attempted to withdraw his plea contending he was not guilty. The application was denied and he was sentenced. The validity of his application would in large measure depend on what took place at the taking of the plea. As this cannot now be reviewed, a hearing is required (People v. McKennion, 27 N Y 2d 671). Concur — Nunez, J. P., Kupferman, Steuer and Tilzer, JJ.

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Bluebook (online)

38 A.D.2d 699, 328 N.Y.S.2d 163, 1972 N.Y. App. Div. LEXIS 5514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stewart-nyappdiv-1972.