People v. Bowers
| Decision Date | 22 October 1956 |
| Parties | PEOPLE of the State of New York v. Louis F. BOWERS. |
| Court | New York County Court |
Carleton J. King, Dist. Atty., Saratoga Springs, for the People.
Louis F. Bowers, defendant, in pro. per.
This is an application for a writ of error coram nobis. A previous application was denied by this Court, and as stated by the defendant, is now pending before the Appellate Division.
The application is based upon the contention that the alleged crime of abandonment of a pregnant woman was committed in the County of Warren and not the County of Saratoga and therefore, the Saratoga County Grand Jury had no right to indict him for the alleged crime and that the County of Saratoga was without jurisdiction. Defendant further contends that proceedings were had before a Justice of the Peace of the Town of Corinth wherein defendant's wife alleged abandonment in violation of Article 3, Section 50 of the Penal Law, and in the information stated that the defendant abandoned complainant in the County of Warren. The Court of Special Sessions entertained the matter, brought the defendant before it, and upon his plea of guilty, suspended execution of sentence upon defendant's promise to pay wife $25 each and every week. Approximately four months latter the complaining witness was referred to the Grand Jury which met in January of 1951.
The Grand Jury heard the evidence, and an indictment was handed down charging the defendant with the crime of abandonment of a pregnant woman in violation of Section 50 of the Penal Law of the State of New York.
On January 15, 1951, the defendant was arraigned before the Hon. John Alexander, Justice of the Supreme Court, entered a plea of 'not guilty,' and at his own request, Attorney James T. Harrington was assigned as his counsel.
It is important to note that at this time, questions were asked by the Court, part of which questions and answers appear in the record as follows:
'The Court: Where is your home?
The Defendant: Corinth (Saratoga County).'
The case was regularly transferred to the County Court, and on February 12, 1951, the defendant was in Court with his counsel and entered a plea of 'guilty.' Defendant waived the two day statutory period for the imposition of sentence. When his record of statistics was taken he was asked:--'Where do you reside?' His answer was:--'Corinth, N. Y. (Saratoga County).'
No question or objection was raised by the defendant, nor did he demur to the indictment or move for an arrest of judgment. No appeal was taken from the judgment of conviction.
There is no question as to the sufficiency of the indictment. Sec. 284, Code Cr.Proc.
Unless a motion founded upon the indictment and the sufficiency thereof is made before or at the time when the defendant is called for judgment, the objections thereto are waived. People v. Willett, 213 N.Y. 368, 107 N.E. 707.
By entering a plea of guilty and failing to demur or move under Section 331, Code of Criminal Procedure, the defendant waived any objection to the indictment. People ex rel. Fryer v. Brophy, 149 Misc. 562, 267 N.Y.S. 735.
The Court has examined all of the grounds pertaining to the granting of a writ...
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