People v. Wallace

Appellate Division of the Supreme Court of New York

People v. Wallace

42 A.D.2d 739, 346 N.Y.S.2d 745, 1973 N.Y. App. Div. LEXIS 3851

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

DecidedJuly 9, 1973

StatusPublished

This text of 42 A.D.2d 739 (People v. Wallace) 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. Wallace, 42 A.D.2d 739, 346 N.Y.S.2d 745, 1973 N.Y. App. Div. LEXIS 3851 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from" an order of the Supreme Court, Queens County, dated May 18, 1971, which denied the application, without a hearing. Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing and a new determination. In our opinion, when defendant in 1966 waived the right to question the constitutionality of his prior Pennsylvania convictions he did not understand the nature of his waiver. A hearing pursuant to section 1943 of the former Penal Law should be held to allow him to bring in proof that the Pennsylvania convictions could not be used as a predicate for multiple offender treatment. Munder, Acting P. J., Martuscello, Latham, Brennan and Benjamin, JJ., concur.

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In a coram nobis proceeding, defendant appeals from" an order of the Supreme Court, Queens County, dated May 18, 1971, which denied the application, without a hearing. Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing and a new determination. In our opinion, when defendant in 1966 waived the right to question the constitutionality of his prior Pennsylvania convictions he did not understand the nature of his waiver. A hearing pursuant to section 1943 of the former Penal Law should be held to allow him to bring in proof that the Pennsylvania convictions could not be used as a predicate for multiple offender treatment. Munder, Acting P. J., Martuscello, Latham, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 739, 346 N.Y.S.2d 745, 1973 N.Y. App. Div. LEXIS 3851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wallace-nyappdiv-1973.