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People v. Van Haneghen

285 A.D. 856, 136 N.Y.S.2d 682, 1955 N.Y. App. Div. LEXIS 5823
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 12, 1955
StatusPublished

This text of 285 A.D. 856 (People v. Van Haneghen) 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. Van Haneghen, 285 A.D. 856, 136 N.Y.S.2d 682, 1955 N.Y. App. Div. LEXIS 5823 (N.Y. Ct. App. 1955).

Opinion

Order reversed on the law and matter remitted to the Monroe County Court for a hearing on the merits. Memorandum: The record before us containing, as it does, the unexplained omission on the record of conviction of an answer to the inquiry as to whether defendant desired the aid of counsel, does not in our opinion conclusively refute defendant’s allegation that he was not advised of his right to have the assistance of counsel. It was therefore error to deny him a hearing. (Matter of Bojinoff V. People, 299 N. Y. 145; People v. Richetti, 302 N. Y. 290; People v. Guariglia, 303 N. Y. 338.) All concur. (Appeal from an order denying a motion by petitioner for issuance of a writ of error coram nobis.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

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Related

Matter of Bojinoff v. People
85 N.E.2d 909 (New York Court of Appeals, 1949)
People v. Richetti
97 N.E.2d 908 (New York Court of Appeals, 1951)
People v. Guariglia
102 N.E.2d 580 (New York Court of Appeals, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
285 A.D. 856, 136 N.Y.S.2d 682, 1955 N.Y. App. Div. LEXIS 5823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-haneghen-nyappdiv-1955.