People v. Trezza

Appellate Division of the Supreme Court of New York

People v. Trezza

10 A.D.2d 859, 199 N.Y.S.2d 182, 1960 N.Y. App. Div. LEXIS 10836

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

DecidedApril 4, 1960

StatusPublished

This text of 10 A.D.2d 859 (People v. Trezza) 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. Trezza, 10 A.D.2d 859, 199 N.Y.S.2d 182, 1960 N.Y. App. Div. LEXIS 10836 (N.Y. Ct. App. 1960).

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Opinion

Appeal from an order of the County Court, Kings County, denying, without a hearing, appellant’s application in the nature of a writ of error coram, nobis (1) to vacate a judgment of said court, rendered June 5, 1956, sentencing him, after he had pleaded guilty to robbery in the second degree, unarmed, to serve from 7% to 10 years, as a second felony offender, and (2) to resentence him as a first offender. In substance, it is appellant’s claim that no valid sentence was imposed on him in 1947 under the provisions of article 3-A of the Correction Law, pursuant to which the court purported to act following his plea of guilty to robbery in the second degree, unarmed, and that there was consequently no prior conviction warranting additional punishment in 1956 under section 1941 of the Penal Law. Order unanimously affirmed. Assuming, without deciding, that the 1947 sentence was improper in form, we are of the opinion that the judgment of conviction was not invalidated thereby. (Cf. People v. Taras, 269 App. Div. 694, affd. 296 N. Y. 983.) Present — Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ.

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Appeal from an order of the County Court, Kings County, denying, without a hearing, appellant’s application in the nature of a writ of error coram, nobis (1) to vacate a judgment of said court, rendered June 5, 1956, sentencing him, after he had pleaded guilty to robbery in the second degree, unarmed, to serve from 7% to 10 years, as a second felony offender, and (2) to resentence him as a first offender. In substance, it is appellant’s claim that no valid sentence was imposed on him in 1947 under the provisions of article 3-A of the Correction Law, pursuant to which the court purported to act following his plea of guilty to robbery in the second degree, unarmed, and that there was consequently no prior conviction warranting additional punishment in 1956 under section 1941 of the Penal Law. Order unanimously affirmed. Assuming, without deciding, that the 1947 sentence was improper in form, we are of the opinion that the judgment of conviction was not invalidated thereby. (Cf. People v. Taras, 269 App. Div. 694, affd. 296 N. Y. 983.) Present — Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ.

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Bluebook (online)

10 A.D.2d 859, 199 N.Y.S.2d 182, 1960 N.Y. App. Div. LEXIS 10836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-trezza-nyappdiv-1960.

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