People v. Codarre

• Decision Date: 30 October 1957
• Citation: 167 N.Y.S.2d 443,8 Misc.2d 145
• Court: New York County Court
• Parties: The PEOPLE of the State of New York, v. Edwin CODARRE, Defendant.

Page 443

167 N.Y.S.2d 443

8 Misc.2d 145

The PEOPLE of the State of New York, v. Edwin CODARRE, Defendant.

Dutchess County Court.

Oct. 30, 1957.

Raymond C. Baratta, Dist. Atty., Poughkeepsie, for the people.

Nancy Carley, Jackson Heights, for petitioner.

W. VINCENT GRADY, Acting County Judge.

The defendant herein makes application for a hearing on a writ of error, coram nobis, to vacate the judgment of conviction of murder second degree rendered against him in this Court on December 6, 1943. A previous application claiming insanity, inadequate representation and extreme youth was denied by this Court and reported in 206 Misc. 950, 138 N.Y.S.2d 18, and affirmed in 285 App.Div. 1087, 140 N.Y.S.2d 289.

The People, by Hon. Raymond C. Baratta, District Attorney of Dutchess County, in person, oppose the present application.

The incumbent Dutchess County Judge John R. Schwartz has disqualified himself by reason of the fact that he was District Attorney of Dutchess County during the prosecution of defendant and has certified this matter to the Surrogate of Dutchess County as Acting Dutchess County Judge, pursuant to the provisions of Section 44 of the Code of Criminal Procedure.

The record discloses that the defendant, a 13 year old boy, was indicted on August 26, 1943, charged with the crime of Murder in the First Degree involving the killing of a 10 year old girl. Thereafter he pleaded 'not guilty' and the Court assigned two defense counsel, Alexander C. Dow, Esq., and Joseph H. Gellert, Esq. He proceeded to trial on November 15, 1943, and on November 23, 1943, after seven days of trial, defendant withdrew his plea of 'not guilty' and entered a plea of 'guilty', to Murder in the Second Degree. On December 6, 1943, he was sentenced to State Prison by the late Hon. J. Gordon Flannery, then a judge of this Court for an indeterminate term of from 30 years to life.

In support of his application, the defendant, who is presently confined in Clinton Prison, Dannemora, New York, under said judgment of this Court, alleges as a basis for the relief sought that:

(1) The plea was improper in that there was no actual plea of guilty by defendant, and that the plea was a nullity, because it was in reality taken by defendant's mother, and that no inquiry was made by the Court as to defendant's guilt or innocence, and no admonition was given by the Court that by pleading guilty defendant was admitting guilt to a reduced extent of the crime charged.

(2) The plea was obtained by coercion in that the Court in effect condoned a plea obtained through fear and thus became a party to a coerced plea.

(3) The plea was a nullity because of defendant's age of 13 years, he was incapable of pleading guilty independently on his own volition, and that by reason of the age of defendant with resultant intellectual and emotional immaturity, he was incapable of making a mementous decision.

In answer, the District Attorney sibmits the stenographic case record to refute the allegations of defendant. It is quoted as follows 'The Court: Edwin Codarre, will you come to the bench, please, and Mrs. Bishop, will you come up? Mr. Dow, may I have the privilege of talking with this young man and his mother? Mr. Dow: Yes.

'The Court: Mrs. Bishop, I direct my remarks to you first. I assume you have talked with your counsel appointed to defend your son? Mrs. Bishop: Yes, sir.

'The Court: Have you discussed this question of a plea? Mrs. Bishop: Yes, sir.

'The Court: You have heard the suggestion from Mr. Dow that your son be permitted to withdraw his plea of not guilty to murder in the first degree and plead guilty to murder in the second degree? You have heard that, have you? Mrs. Bishop: Yes, sir.

'The Court: Do you acquiesce in that request? Mrs. Bishop: I do to this extent, that I am convinced beyond a doubt that he needs some medical attention.

'The Court: The question is, do you acquiesce in your son taking a plea to murder in the second degree? Mrs. Bishop: If that saves him from the electric chair, that's agreeable.

'The Court: I can say as a matter of law that it does. Do you desire to acquiesce in that plea and have your son plead to murder in the second degree? Mrs. Bishop: Yes, sir.

'The Court: Now, Edwin, you have also heard the counsel appointed to defend you in this plea this morning, have you not? Edwin Codarre: Yes, sir.

'The Court: And did you understand what Mr. Dow said? Edwin Codarre: Yes, sir.

'The Court: Did you understand him to say that it was your desire to withdraw your plea to Murder in the First Degree and to plead guilty to Murder in the Second Degree? Did you hear him so state that? Edwin Codarre: Yes, sir.

'The Court: Do you know what that means? Edwin Codarre: Yes.

'The Court: It means that it is a lower or reduced charge. In fact, the only reduced charge that I know of that you could plead to. Do you want to plead guilty to murder in the second degree, and do you want...