People v. Dolac
| Decision Date | 21 November 1957 |
| Citation | 146 N.E.2d 284,168 N.Y.S.2d 315,3 N.Y.2d 945 |
| Parties | , 146 N.E.2d 284 PEOPLE, Respondent, v. John P. DOLAC, Defendant-Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 3 A.D.2d 351, 160 N.Y.S.2d 911.
Defendant filed application for writ of error coram nobis. The Special Term, Erie County, George H. Rowe, J., entered an order denying the application, and the defendant appealed.
The Appellate Division, McCurn, P. J., affirmed the order and held that where defendant was called on to plead to indictment prior to assignment of counsel, but thereafter counsel was appointed, and defendant conferred with counsel and moved to withdraw plea of not guilty and enter a plea of guilty, original error in depriving defendant of right to confer with counsel before making answer to the indictment, was cured, and that record established that defendant competently waived his right to advice of assigned counsel prior to original plea of not guilty. Kimball and Bastow, JJ., dissented.
Defendant appealed to the Court of Appeals, and made a motion in the Court of Appeals for assignment of counsel.
The Court of Appeals, 3 N.Y.2d 773, 164 N.Y.S.2d 28, granted motion for assignment of counsel.
The Court of Appeals, 3 N.Y.2d 796, 143 N.E.2d 799, 164 N.Y.S.2d 46, granted motion to have appeal heard on the original record and for enlargement of time.
The defendant contended on appeal to the Court of Appeals that he was deprived of his constitutional rights when he was required to plead to the indictment without the benefit of counsel, and that at no time did defendant 'understandingly and competently' waive his right to confer with counsel before being required to plead, and that such error was not unimportant because of defendant's plea of not guilty.
John I. O'Day, Buffalo, for defendant-appellant.
John F. Dwyer, Dist. Atty. of Erie County, Buffalo (Robert A. Burrell, Asst. Dist. Atty., of counsel), for respondent.
Order affirmed.
All concur.
To continue reading
Request your trial
-
People v. Brim
...Procedure, § 337; People v. Doyle, 11 App.Div. 447, 42 N.Y.S. 319; People v. Dolac, 3 A.D.2d 351, 160 N.Y.S.2d 911, affirmed 3 N.Y.2d 945, 168 N.Y.S.2d 315), and although nothing short of a withdrawal could change the situation (People v. Quinn, 8 Misc.2d 546, 547 middle, 161 N.Y.S.2d 977, ......
-
United States v. Fay
...represented at later stages in the proceeding by counsel. People v. Dolac, 3 A.D.2d 351, 160 N.Y.S. 2d 911, aff'd. 3 N.Y.2d 945, 168 N.Y.S.2d 315, 146 N.E.2d 284 (1957); People v. Zizzo, 235 N.Y.S.2d 652 (Sup.Ct., Kings Co. Dec. 28, 1962); People v. Lupo, 16 A.D.2d 943, 229 N.Y.S.2d 728 (Ap......
-
United States v. Fay
...35, 212 N.Y.S.2d 53, 86 A.L.R.2d 322 (1961); People v. Dolac, 3 A.D.2d 351, 160 N.Y.S.2d 911 (4th Dept.), aff'd 3 N.Y.2d 945, 146 N.E.2d 284, 168 N.Y.S.2d 315 (1957). In fact, he could not have done otherwise because "New York and some other states will not permit a plea of guilty where the......
-
People v. Combs
...opportunity or defense which was originally available to him (People v. Dolac, 3 A.D.2d 351, 160 N.Y.S.2d 911, affd. 3 N.Y.2d 945, 168 N.Y.S.2d 315, 146 N.E.2d 284; People v. Spinney, 16 A.D.2d 669, 226 N.Y.S.2d 820; Canizio v. New York, 327 U.S. 82, 66 S.Ct. 452, 90 L.Ed. 545; People v. Hy......