People v. Temple

Appellate Division of the Supreme Court of New York

People v. Temple

19 A.D.2d 919, 244 N.Y.S.2d 13, 1963 N.Y. App. Div. LEXIS 2966

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1963·Published

Opinion

Order denying application in the nature of a writ of error coram nobis affirmed. The form of the court’s statement — that defendant was entitled to a lawyer of his own choice — -was as explicit as that approved in People v. Fink (8 A D 2d 859, cert. den. 361 U. S. 920). Further, defendant was asked if the court’s statement of his rights was “ clear ” and, again, whether he understood his “ right to a lawyer ”, and to each question he replied, “Yes, sir.” Finally, the record compiled upon the hearing afforded defendant is sufficient to establish a competent and intelligent waiver. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Order denying application in the nature of a writ of error coram nobis affirmed. The form of the court’s statement — that defendant was entitled to a lawyer of his own choice — -was as explicit as that approved in People v. Fink (8 A D 2d 859, cert. den. 361 U. S. 920). Further, defendant was asked if the court’s statement of his rights was “ clear ” and, again, whether he understood his “ right to a lawyer ”, and to each question he replied, “Yes, sir.” Finally, the record compiled upon the hearing afforded defendant is sufficient to establish a competent and intelligent waiver. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

People v. Temple, 19 A.D.2d 919, 244 N.Y.S.2d 13, 1963 N.Y. App. Div. LEXIS 2966 (N.Y. Ct. App. 1963).

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Opinion

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