People v. Jones
| Decision Date | 28 March 1963 |
| Citation | 239 N.Y.S.2d 348,12 N.Y.2d 1024,189 N.E.2d 701 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 189 N.E.2d 701 The PEOPLE, etc., Respondent, v. George E. JONES, Appellant. |
Appeal from Supreme Court, Appellate Division, First Department.
Defendant, who had been convicted of first degree grand larceny on his plea of guilty, and who had been sentenced as a second felony offender to term of imprisonment of not less than five nor more than ten years, made a motion for a writ of error coram nobis. Prior to plea of guilty defendant had been examined by psychiatrists in accordance with order of County Court under Section 658 of the Code of Criminal Procedure and had been found to be a psychopathic personality but not in such state of insanity as to be unable to understand the charge against him and the proceedings and to make his defense. Several months after he entered Clinton Prison he was found to be psychotic and was transferred to Dannemora State Hospital, and the certificate of lunacy stated that the onset of his mental condition had been gradual.
The County Court of Bronx County, Edward T. McCaffrey, J., entered an order denying the motion for writ of error coram nobis without a hearing, and the defendant appealed.
The Appellate Division affirmed the order.
The defendant appealed to the Court of Appeals.
Isidore Dollinger, New York City (Walter E. Dillon, New York City, of counsel), for respondent.
Order reversed and matter remitted to the Supreme Court, Bronx County, for a hearing upon the authority of People v. Sprague, 11 N.Y.2d 951, 228 N.Y.S.2d 832, 183 N.E.2d 232. (The Bronx County Court was abolished.)
All concur; SCILEPPI, J., in result only on the authority of People v. Boundy, 10 N.Y.2d 518, 225 N.Y.S.2d 207, 180 N.E.2d 565, and People v. Sprague, 11 N.Y.2d 951, 228 N.Y.S.2d 832, 183 N.E.2d 232. If, however, the question came before us as an original proposition, I would dissent for the reasons stated in the dissenting opinion of Froessel, J., in People v. Sprague, supra.
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