People v. Zarcone

Appellate Division of the Supreme Court of New York

People v. Zarcone

15 A.D.2d 505, 222 N.Y.S.2d 415, 1961 N.Y. App. Div. LEXIS 7466

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

DecidedDecember 4, 1961

StatusPublished

This text of 15 A.D.2d 505 (People v. Zarcone) 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. Zarcone, 15 A.D.2d 505, 222 N.Y.S.2d 415, 1961 N.Y. App. Div. LEXIS 7466 (N.Y. Ct. App. 1961).

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Opinion

In our opinion, upon the present state of the record, the defendant’s unrefuted allegations of insanity after trial which he claims precluded him from taking an appeal from the judgment of conviction within the time limited by law, require a hearing (People v. Hill, 9 A D 2d 451, 454, affd. 8 N Y 2d 935; People v. Hairston, 10 N Y 2d 92, 94). We do not now pass upon the merits of such contention insofar as they may affect the judgment of conviction sought to be vacated (cf. People v. Wolfe, 278 App. Div. 967, 968, affd. 303 N. Y. 752). In any event, upon the record before him the learned County Court properly rejected defendant’s claims that he was not advised of his right to counsel of his own choice, and that he was so mentally incapacitated at the time of his trial and at the time of his conviction as to be unable to consult with assigned counsel. Nolan, P. J., Christ, Pette and Brennan, JJ., concur; Beldock, J., not voting.

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In our opinion, upon the present state of the record, the defendant’s unrefuted allegations of insanity after trial which he claims precluded him from taking an appeal from the judgment of conviction within the time limited by law, require a hearing (People v. Hill, 9 A D 2d 451, 454, affd. 8 N Y 2d 935; People v. Hairston, 10 N Y 2d 92, 94). We do not now pass upon the merits of such contention insofar as they may affect the judgment of conviction sought to be vacated (cf. People v. Wolfe, 278 App. Div. 967, 968, affd. 303 N. Y. 752). In any event, upon the record before him the learned County Court properly rejected defendant’s claims that he was not advised of his right to counsel of his own choice, and that he was so mentally incapacitated at the time of his trial and at the time of his conviction as to be unable to consult with assigned counsel. Nolan, P. J., Christ, Pette and Brennan, JJ., concur; Beldock, J., not voting.

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Bluebook (online)

15 A.D.2d 505, 222 N.Y.S.2d 415, 1961 N.Y. App. Div. LEXIS 7466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zarcone-nyappdiv-1961.

Opinion

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