People v. Jackson

CourtNew York Supreme Court Appellate Division
Citation32 A.D.2d 590,299 N.Y.S.2d 484
PartiesThe PEOPLE of the State of New York, Respondent, v. Lawrence Adalbert JACKSON, Appellant.
Decision Date24 April 1969

Robert E. Jones, Cortland County Dist. Atty., Cortland, for respondent.

Donald W. Yager, Cortland, for appellant.


COOKE, Justice.

Appeal from a judgment of the County Court of Cortland County, rendered August 7, 1967, convicting defendant on his plea of guilty of assault in the second degree in violation of former section 242 of the Penal Law, and from the order entered July 17, 1967 denying defendant's motion for inspection of the Grand Jury minutes or, in the alternative, for dismissal of the indictment. Appellant's brief states that this is an 'appeal from a judgment of conviction entered upon a negotiated plea of guilty to a reduced charge of Assault in the Second Degree, in full satisfaction of both counts of Rape in the Second Degree charged in the indictment.' (Cf. People v. Malark, 283 App.Div. 263, 127 N.Y.S.2d 452.) It is urged that the indictment was not based on legally sufficient evidence; that defendant did not enter a plea at his arraignment; that the District Attorney did not give his reasons orally or in writing in recommending the reduced charge; and that no attempt was made by the court to determine whether there were facts to support the two counts of rape in the second degree, as charged, or 'the crime of assault in the second degree to which Appellant later entered his bargained plea of guilty.'

Absent a showing that the evidence before the Grand Jury was insufficient to sustain the indictment (People v. Brennan, 31 A.D.2d 568, 294 N.Y.S.2d 765) and in view of the presumption that an indictment is based upon legal and sufficient evidence (People v. Randall, 9 N.Y.2d 413, 424, 214 N.Y.S.2d 417, 426, 174 N.E.2d 507, 514; People v. Glen, 173 N.Y. 395, 403, 66 N.E. 112, 115), the motion for dismissal was properly denied. Although a motion for inspection of Grand Jury minutes is not appealable, this appellate court, in considering the motion to dismiss for evidentiary insufficiency, is not called upon to examine the minutes since defendant has failed to supply extrinsic proof that there was such insufficiency (People v. Howell, 3 A.D.2d 153, 155--156, 158 N.Y.S.2d 985, 987--988, affd. 3 N.Y.2d 672, 171 N.Y.S.2d 801, 148 N.E.2d 867) or even extrinsic proof that there is a reasonable possibility that the evidence presented was in fact deficient.

Section 309 of the Code of Criminal Procedure provides how an arraignment is made but it has been held that the failure to arraign does not tend to prejudice the rights of a defendant who pleads guilty or proceeds to trial (People v. Jordan, 20 A.D.2d 583, 245 N.Y.S.2d 185; People v. Kass, 35 Misc.2d 449, 450, 229 N.Y.S.2d 81, 83, affd. 18 A.D.2d 796, 236 N.Y.S.2d 1021). Likewise, the failure of the District Attorney to submit and file a written statement, or to set forth his reasons on the...

To continue reading

Request your trial
6 cases
  • People v. Seminara
    • United States
    • New York Supreme Court Appellate Division
    • July 11, 1977
    ...N.Y.S.2d 713, affd. 36 N.Y.2d 727, 367 N.Y.S.2d 975, 328 N.E.2d 487; People v. Borge, 40 A.D.2d 552, 334 N.Y.S.2d 65; People v. Jackson, 32 A.D.2d 590, 299 N.Y.S.2d 484). In return, the sentencing court is obliged to honor any commitments which it extended to the defendant or to allow to wi......
  • People v. Hallenbeck
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2011
    ...13 A.D.3d 887, 889, 787 N.Y.S.2d 185 [2004], lv. denied 5 N.Y.3d 789, 801 N.Y.S.2d 810, 835 N.E.2d 670 [2005]; People v. Jackson, 32 A.D.2d 590, 590, 299 N.Y.S.2d 484 [1969]; People v. Jordan, 20 A.D.2d 583, 583, 245 N.Y.S.2d 185 [1963] ). Finally, we find that the sentence imposed was not ......
  • People v. Snowden, 156S–2014.
    • United States
    • New York County Court
    • September 23, 2015 Grand Jury Indictments See People v. Green, 80 A.D.2d 995 (1981) ; People v. Easton, 45 A.D.2d 863 (1974) ; People v. Jackson, 32 A.D.2d 590 (1968).Although the defendant Snowden has offered and submitted explanations and contradictions of the People's evidence and the People's theory of......
  • People v. Nixon
    • United States
    • New York Supreme Court Appellate Division
    • March 25, 1970
    ...3 N.Y.2d 672, 171 N.Y.S.2d 801, 148 N.E.2d 867; People v. Jackson,18 N.Y.2d 516, 277 N.Y.S.2d 263, 223 N.E.2d 790; People v. Jackson, 32 A.D.2d 590, 299 N.Y.S.2d 484.) Defendant's motion to dismiss the indictment as insufficient was supported only by defendant's affidavit containing allegat......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT