People v. Irizzary
Citation | 317 N.Y.S.2d 15,27 N.Y.2d 856 |
Parties | , 265 N.E.2d 540 PEOPLE, etc., Respondent, v. Michael IRIZZARY, Appellant. |
Decision Date | 12 November 1970 |
Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 32 A.D.2d 967, 303 N.Y.S.2d 332. Robert H. Levy, Milton Adler, New York City, for defendant-appellant.
Eugene Gold, Brooklyn (Carl S. Wolfson, Brooklyn, of counsel), for respondent.
Defendant brought coram nobis proceeding in which he contended the invalidity of his plea of guilty in proceeding in which court merely stipulated that an additional indictment pending against defendant would not be dismissed until expiration of time to appeal from conviction based on defendant's guilty plea was an unlawful limitation on defendant's right to appeal.
The Supreme Court, Kings County, denied the application and an appeal was taken.
The Appellate Division affirmed, and appeal was by permission of a Justice of the Appellate Division.
In the Court of Appeals the defendant argued that the condition placed on right to appeal was either unconstitutional or obtained in an unconstitutional manner and that defendant had proven that his plea of guilty was not knowingly and voluntarily entered. The People argued that the plea was properly taken and that it was knowingly and voluntarily entered.
Order affirmed.
All concur except FULD, C.J., who dissents and votes to reverse on the dissenting opinion at the Appellate Division.
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