People v. Jardine
| Decision Date | 10 May 1962 |
| Citation | 228 N.Y.S.2d 827,11 N.Y.2d 941,183 N.E.2d 228 |
| Parties | , 183 N.E.2d 228 The PEOPLE, etc., Respondent, v. Theodore JARDINE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 13 A.D.2d 764, 217 N.Y.S.2d 501.
The defendant who had been convicted on his plea of guilty of second degree grand larceny, and who had been sentenced to serve an indefinite term in the New York Vocational School, made an application for a writ of error coram nobis.
The Court of General Sessions, New York County, Davidson, J., rendered an order which was entered on June 15, 1960, denying, after a hearing, the application for writ of error coram nobis, and the defendant appealed.
The Appellate Division unanimously affirmed the order without opinion.
The defendant appealed to the Court of Appeals, contending that even though records indicated that counsel had been assigned to him, no attorney had in fact ever appeared on his behalf when he entered his plea of guilty and that no attorney ever consulted with him prior to his guilty plea.
Leon B. Polsky, Anthony F. Marra, New York City (GERALD ZUCKERMAN, NEW YORK CITY, OF COUNSel), for dEfendant-AppeLlanT.
Frank S. Hogan, New York City (H. Richard Uviller and Arthur C. Muhlstock, New York City, of counsel), for respondent.
Order affirmed.
All concur except DESMOND, C. J., and FULD, J., who dissent and vote to reverse and to remit the case to the Court of General Sessions with directions to vacate its judgment of June 18, 1936, upon the ground that the court records show conclusively that defendant was not represented at all by counsel at the time of arraignment and pleas and that at the date of sentence he was not meaningfully represented.
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