People v. Von Braunsberg

Appellate Division of the Supreme Court of New York

People v. Von Braunsberg

45 A.D.2d 884, 358 N.Y.S.2d 15, 1974 N.Y. App. Div. LEXIS 4367

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

DecidedJuly 22, 1974

StatusPublished

This text of 45 A.D.2d 884 (People v. Von Braunsberg) 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. Von Braunsberg, 45 A.D.2d 884, 358 N.Y.S.2d 15, 1974 N.Y. App. Div. LEXIS 4367 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered July 16, 1971, resentencing him (after a Montgomery hearing) nunc pro tunc as of February 20, 1957, to a term of imprisonment in Elmira Reformatory upon a conviction of robbery in the second degree, on his plea of guilty. Judgment affirmed. It appears that in July, 1957 defendant entered similar pleas of guilty in satisfaction of three Nassau County robbery indictments. Defendant moved to vacate these latter pleas, on the claim, as made at bar, of his incompetency, and hearings were held in which that issue was fully developed. One such hearing resulted in a denial of relief, which was affirmed by this court (People v. Von Braunsberg, 34 A D 2d 1109). Another hearing was held in 1970 in á coram nobis proceeding accompanying his Montgomery application to the County Court, Nassau County. Both the order denying relief after the hearing and the judgment on resentence were affirmed by this court in 1971 (People v. Von Braunsberg, 37 A D 2d 1047, affd. 31 N Y 2d 842). The proof submitted in support of those Nassau County applications was the same as the evidence offered at bar. Under the circumstances the instant claim of incompetency lacks merit. Shapiro, Acting P. J., Christ, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered July 16, 1971, resentencing him (after a Montgomery hearing) nunc pro tunc as of February 20, 1957, to a term of imprisonment in Elmira Reformatory upon a conviction of robbery in the second degree, on his plea of guilty. Judgment affirmed. It appears that in July, 1957 defendant entered similar pleas of guilty in satisfaction of three Nassau County robbery indictments. Defendant moved to vacate these latter pleas, on the claim, as made at bar, of his incompetency, and hearings were held in which that issue was fully developed. One such hearing resulted in a denial of relief, which was affirmed by this court (People v. Von Braunsberg, 34 A D 2d 1109). Another hearing was held in 1970 in á coram nobis proceeding accompanying his Montgomery application to the County Court, Nassau County. Both the order denying relief after the hearing and the judgment on resentence were affirmed by this court in 1971 (People v. Von Braunsberg, 37 A D 2d 1047, affd. 31 N Y 2d 842). The proof submitted in support of those Nassau County applications was the same as the evidence offered at bar. Under the circumstances the instant claim of incompetency lacks merit. Shapiro, Acting P. J., Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

45 A.D.2d 884, 358 N.Y.S.2d 15, 1974 N.Y. App. Div. LEXIS 4367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-von-braunsberg-nyappdiv-1974.