People v. Chait
| Decision Date | 29 May 1959 |
| Citation | 160 N.E.2d 92,6 N.Y.2d 855,188 N.Y.S.2d 560 |
| Parties | , 160 N.E.2d 92 PEOPLE, Respondent, v. Abraham CHAIT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 399, 183 N.Y.S.2d 494.
Defendant filed a petition for writ of error coram nobis to vacate and set aside a judgment rendered on plea of guilty, about 40 years previously, on ground that defendant had been denied right to counsel.
The Court of General Sessions of the County of New York, Thomas Dickens, J., 9 Misc.2d 229, 169 N.Y.S.2d 844, rendered an order granting the motion and vacating the judgment of conviction for second degree grand larceny, and the People of the State of New York appealed.
The Appellate Division, Botein, P. J., 7 A.D.2d 399, 183 N.Y.S.2d 494, held that evidence was insufficient to sustain finding that defendant had not been represented by counsel. Rabin, J., dissented.
The defendant appealed to the Court of Appeals, contending that determination of the Court of General Sessions was amply supported by the evidence, and that the order of the Appellate Division should be reversed and the order of the Court of General Sessions should be reinstated and affirmed.
Maurice Edelbaum, New York City (Chester E. Kleinberg, New York City, of counsel), for appellant.
Frank S. Hogan, Dist. Atty., New York County, New York City (Richard G. Denzer and H. Richard Uviller, Asst. Dist. Attys., New York City, of counsel), for respondent.
Order affirmed.
All concur.
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