People v. Thompson

Appellate Division of the Supreme Court of New York

People v. Thompson

31 A.D.2d 538, 295 N.Y.S.2d 169, 1968 N.Y. App. Div. LEXIS 2978

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

DecidedNovember 4, 1968

StatusPublished

This text of 31 A.D.2d 538 (People v. Thompson) 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. Thompson, 31 A.D.2d 538, 295 N.Y.S.2d 169, 1968 N.Y. App. Div. LEXIS 2978 (N.Y. Ct. App. 1968).

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Opinion

Order of the County Court, Suffolk County, dated March 13, 1968, which, without a hearing, denied defendant’s application for a writ of error coram nobis, affirmed. The minutes of -defendant’s guilty pleading show that, although he had been assigned Jacob Bendersky as counsel, at the time of that pleading he was represented by one La Freniere. At the time of sentence, however, Bendersky did appear on behalf of defendant and, because of an out-of-court statement by defendant in which he alleged his innocence, the court gave him an opportunity to withdraw the plea. After being given time to consult with Bendersky, who had long been an Assistant District Attorney, defendant decided not to withdraw his plea. We believe that the error, if any, was cured by the action of the court at the time of sentence. Beldock, P. J., Christ, Hopkins, Munder and Martuscello, JJ., concur.

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Order of the County Court, Suffolk County, dated March 13, 1968, which, without a hearing, denied defendant’s application for a writ of error coram nobis, affirmed. The minutes of -defendant’s guilty pleading show that, although he had been assigned Jacob Bendersky as counsel, at the time of that pleading he was represented by one La Freniere. At the time of sentence, however, Bendersky did appear on behalf of defendant and, because of an out-of-court statement by defendant in which he alleged his innocence, the court gave him an opportunity to withdraw the plea. After being given time to consult with Bendersky, who had long been an Assistant District Attorney, defendant decided not to withdraw his plea. We believe that the error, if any, was cured by the action of the court at the time of sentence. Beldock, P. J., Christ, Hopkins, Munder and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 538, 295 N.Y.S.2d 169, 1968 N.Y. App. Div. LEXIS 2978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thompson-nyappdiv-1968.