Corcoran v. State
| Decision Date | 17 October 1968 |
| Docket Number | No. 45790,45790 |
| Citation | 294 N.Y.S.2d 171,30 A.D.2d 991 |
| Parties | William CORCORAN, Respondent, v. STATE of New York, Appellant. Claim |
| Court | New York Supreme Court — Appellate Division |
Charles O. Blaisdell, Edwin M. Slote, Herman Chaityn, New York City, for respondent.
Louis J. Lefkowitz, Atty. Gen., Jeremiah Jochnowitz, Albany, for appellant.
Before GIBSON, P.J., and REYNOLDS, AULISI, STALEY and GABRIELLI, JJ.
Appeal from a judgment in favor of claimant, entered February 8, 1968, upon a decision of the Court of Claims.
Claimant was indicted in Kings County on June 30, 1949 on several counts of grand larceny in the first and second degree. On July 11, 1949 he pleaded guilty to three counts of grand larceny in the first degree, and all other counts were dismissed. On September 14, 1949 claimant was sentenced by the County Judge of Kings County to terms of five to ten years on each of the three counts with sentences to run concurrently. Claimant was paroled on December 22, 1952 and on May 24, 1957 the parole was vacated, and he was declared delinquent as of October 15, 1956 and returned to prison.
In August, 1959 claimant applied to Supreme Court for a writ of habeas corpus which writ was sustained because it appeared that the clerk of the court failed to comply with the requirements of section 480 of the Code of Criminal Procedure. By order filed on December 3, 1959 claimant was returned to County Court of Kings County for resentencing. Claimant was not resentenced and the proceeding was adjourned, presumably because claimant was about to be released either on parole or because his maximum term was about to expire. Claimant was released on January 15, 1960.
In 1962 claimant renewed his application to be resentenced which was heard by Supreme Court Justice Sobel, who had imposed the original sentence as County Court Judge of Kings County. The original sentence was vacated and claimant was rearraigned at which time his attorney requested leave to show 'cause' (Code Crim.Pro. § 481) why the judgment of law should not be imposed. The court, after hearing the application, granted leave to claimant to withdraw his plea and, by order filed on November 7, 1963, the court, in the interest of justice, dismissed the indictments.
Claimant has sued the State for false arrest and false imprisonment, and has been awarded damages in the sum of $60,000, the Court of Claims holding that the State was liable for an 'invalid sentence' and 'invalid parole'. The Court of Claims further found that the failure to comply with section 480 of the Code of Criminal Procedure did not affect the validity of the conviction, and did not find invalid claimant's arrest nor the termination of his parole.
In its decision the Court of Claims relied on Harty v. State of New York, 52 Misc.2d 255, 275 N.Y.S.2d 735, which case was reversed by this court subsequent to the decision now appealed from. In this court's opinion, in Harty v. State of New York, 29 A.D.2d 243, at page 244, 287 N.Y.S.2d 306, at page 307, it was stated:
There is no evidence in the record here to establish that the commitment directing claimant's incarceration...
To continue reading
Request your trial
-
Wallen v. State
...violation of parole. Similarly, in Corcoran v. State, 288 N.Y.S.2d 801, 808, 56 Misc.2d 293 (1968), rev'd on other grounds in 294 N.Y.S.2d 171, 30 A.D.2d 991, aff'd 24 N.Y.2d 922, 301 N.Y.S.2d 985, 249 N.E.2d 764 (1969), the court held that "[s]ince parole relates to sentence it cannot stan......
-
Rossman v. State
...Officers Law, § 2; County Law, § 400; Fisher v. State of New York, 10 N.Y.2d 60, 217 N.Y.S.2d 52, 176 N.E.2d 72; Corcoran v. State of New York, 30 A.D.2d 991, 294 N.Y.S.2d 171, affd. 24 N.Y.2d 922, 301 N.Y.S.2d 985, 249 N.E.2d 764; Jameison v. State of New York, 7 A.D.2d 944, 182 N.Y.S.2d 4......
-
J. N. Futia Co. v. National Sur. Corp.
... ... seeks to recover its loss arising because of damage to electric service connections installed by it in a pre-existing conduit system, at a State hospital, pursuant to its contract with a State agency. Tests conducted in April, 1965 disclosed that cable installed pursuant to the contract ... ...
-
Abney v. State
...Harty v. State of New York, 29 A.D.2d 243, 287 N.Y.S.2d 306, affd 27 N.Y.2d 698, 314 N.Y.S.2d 14, 262 N.E.2d 220; Corcoran v. State of New York, 30 A.D.2d 991, 294 N.Y.S.2d 171), and thus a claim for false imprisonment could not be sustained herein (Broughton v. State of New York, 37 N.Y.2d......