People v. Zurak

Appellate Division of the Supreme Court of New York

People v. Zurak

283 A.D. 747, 128 N.Y.S.2d 1, 1954 N.Y. App. Div. LEXIS 5137

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

DecidedFebruary 23, 1954

StatusPublished

Cited by2 cases

This text of 283 A.D. 747 (People v. Zurak) 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. Zurak, 283 A.D. 747, 128 N.Y.S.2d 1, 1954 N.Y. App. Div. LEXIS 5137 (N.Y. Ct. App. 1954).

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Opinion

Defendant appeals from an order of the County Court, Westchester County, denying, after a hearing, his motion in the nature of a writ of error coram nobis to vacate and set aside a judgment of said court rendered on October 20, 1942, convicting him, on his plea of guilty, of the crime of attempted grand larceny in the second degree. Defendant also appealed from the denial of the motion. Order affirmed. In our opinion the proof, credited by the trial court, shows that appellant was advised of his right to counsel on arraignment and that there was no violation of his constitutional rights. . (Cf. People v. Crimi, 278 App. Div. 997, affd. 303 N. Y. 749; and People v. Martine, 278 App. Div. 966, affd. 303 N. Y. 789.) No separate appeal lies from the denial of the motion, which has been reviewed on the appeal from the order. Nolan, P. J., Adel, Wenzel, MacCrate and Murphy, JJ., concur.

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Defendant appeals from an order of the County Court, Westchester County, denying, after a hearing, his motion in the nature of a writ of error coram nobis to vacate and set aside a judgment of said court rendered on October 20, 1942, convicting him, on his plea of guilty, of the crime of attempted grand larceny in the second degree. Defendant also appealed from the denial of the motion. Order affirmed. In our opinion the proof, credited by the trial court, shows that appellant was advised of his right to counsel on arraignment and that there was no violation of his constitutional rights. . (Cf. People v. Crimi, 278 App. Div. 997, affd. 303 N. Y. 749; and People v. Martine, 278 App. Div. 966, affd. 303 N. Y. 789.) No separate appeal lies from the denial of the motion, which has been reviewed on the appeal from the order. Nolan, P. J., Adel, Wenzel, MacCrate and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 747, 128 N.Y.S.2d 1, 1954 N.Y. App. Div. LEXIS 5137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zurak-nyappdiv-1954.

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