People v. Ward

Appellate Division of the Supreme Court of New York

People v. Ward

28 A.D.2d 1204, 285 N.Y.S.2d 413, 1967 N.Y. App. Div. LEXIS 2919

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

DecidedNovember 30, 1967

StatusPublished

This text of 28 A.D.2d 1204 (People v. Ward) 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. Ward, 28 A.D.2d 1204, 285 N.Y.S.2d 413, 1967 N.Y. App. Div. LEXIS 2919 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: Appellant has been denied eoram nobis relief without a hearing. In 1955 he was convicted after trial of manslaughter, first degree. It' is alleged in the petition that on the evening of his arrest his father retained a lawyer who counseled with appellant; that this attorney was a law partner of an Assistant District Attorney. [1205]*1205This lawyer subsequently withdrew from the case. In the interim, however, defendant submitted to a polygraph test and made a tape-recorded statement. Without passing on the propriety of such representation by the attorney (cf. Penal Law, § 278) it is reasonably inferable that the act could only have had an impact on any statements made during this period. Heretofore we reversed an order denying coram nobis relief and directed a hearing “ as to all matters relating to the voluntariness of the statements and confessions ” (23 A D 2d 956). Thereafter a hearing was held and the facts herein discussed were explored. We affirmed an order denying relief (26 A D 2d 911). The petition presents no new grounds for a hearing. (Appeal from order of Supreme Court, Niagara County, denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered March 30, 1955.) Present — Bastow, J. P., Goldman, Henry and Del Veechio, JJ.

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Memorandum: Appellant has been denied eoram nobis relief without a hearing. In 1955 he was convicted after trial of manslaughter, first degree. It' is alleged in the petition that on the evening of his arrest his father retained a lawyer who counseled with appellant; that this attorney was a law partner of an Assistant District Attorney. [1205]*1205This lawyer subsequently withdrew from the case. In the interim, however, defendant submitted to a polygraph test and made a tape-recorded statement. Without passing on the propriety of such representation by the attorney (cf. Penal Law, § 278) it is reasonably inferable that the act could only have had an impact on any statements made during this period. Heretofore we reversed an order denying coram nobis relief and directed a hearing “ as to all matters relating to the voluntariness of the statements and confessions ” (23 A D 2d 956). Thereafter a hearing was held and the facts herein discussed were explored. We affirmed an order denying relief (26 A D 2d 911). The petition presents no new grounds for a hearing. (Appeal from order of Supreme Court, Niagara County, denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered March 30, 1955.) Present — Bastow, J. P., Goldman, Henry and Del Veechio, JJ.

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Bluebook (online)

28 A.D.2d 1204, 285 N.Y.S.2d 413, 1967 N.Y. App. Div. LEXIS 2919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ward-nyappdiv-1967.