People v. Woodbury

Appellate Division of the Supreme Court of New York

People v. Woodbury

13 A.D.2d 522, 212 N.Y.S.2d 140, 1961 N.Y. App. Div. LEXIS 12134

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

DecidedMarch 13, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 522 (People v. Woodbury) 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. Woodbury, 13 A.D.2d 522, 212 N.Y.S.2d 140, 1961 N.Y. App. Div. LEXIS 12134 (N.Y. Ct. App. 1961).

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Opinion

Appeal by defendant from an order of the County Court, Nassau County, dated A ugust 31, 1960, which denied, without a hearing, his coram nobis application to vacate a judgment of that court, rendered July 23, 1946, convicting him, after a jury trial, of robbery in the first degree and sentencing him, as a second felony offender, to serve a term of 30 to 60 years. The indictment charged defendant with the crimes of robbery in the first degree, robbery in the second degree, grand larceny in the first degree and assault in the second degree. The coram nobis application was made upon the ground that defendant’s constitutional rights were violated by the introduction in evidence against him on the trial of a statement taken by the District Attorney, [523]*523after the defendant’s indictment and prior to his arraignment, at which time he was not represented by counsel. Order affirmed. The statement was received in evidence against defendant at the trial, and if it was erroneously received in evidence the error was apparent on the face of the record and could have been adequately reviewed upon appeal (cf. People v. Sullivan, 3 N Y 2d 196; People v. Noia, 3 N Y 2d 596; People v. Shapiro, 3 N Y 2d 203). Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Appeal by defendant from an order of the County Court, Nassau County, dated A ugust 31, 1960, which denied, without a hearing, his coram nobis application to vacate a judgment of that court, rendered July 23, 1946, convicting him, after a jury trial, of robbery in the first degree and sentencing him, as a second felony offender, to serve a term of 30 to 60 years. The indictment charged defendant with the crimes of robbery in the first degree, robbery in the second degree, grand larceny in the first degree and assault in the second degree. The coram nobis application was made upon the ground that defendant’s constitutional rights were violated by the introduction in evidence against him on the trial of a statement taken by the District Attorney, [523]*523after the defendant’s indictment and prior to his arraignment, at which time he was not represented by counsel. Order affirmed. The statement was received in evidence against defendant at the trial, and if it was erroneously received in evidence the error was apparent on the face of the record and could have been adequately reviewed upon appeal (cf. People v. Sullivan, 3 N Y 2d 196; People v. Noia, 3 N Y 2d 596; People v. Shapiro, 3 N Y 2d 203). Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 522, 212 N.Y.S.2d 140, 1961 N.Y. App. Div. LEXIS 12134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-woodbury-nyappdiv-1961.

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