People v. Jones

Decision Date17 February 1956
Citation150 N.Y.S.2d 30,1 N.Y.2d 665
Parties, 133 N.E.2d 517 PEOPLE, Respondent, v. Theodore JONES, true name Eugene Levenger, alias Eugene Lucas, Appellant, Impleaded with David Schliefer.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 285 App.Div. 1141, 142 N.Y.S.2d 359.

Defendant made an application in the nature of a writ of error coram nobis to set aside a conviction for attempt to commit burglary in the third degree.

The Court of General Sessions of the County of New York, Capozzoli, J., entered an order denying the application, and the defendant appealed.

The Appellate Division affirmed the order.

The defendant appealed to the Court of Appeals and made a motion to have the appeal heard on the original record and for assignment of counsel and also made a motion for enlargement of time.

The Court of Appeals, 309 N.Y. 760, 128 N.E.2d 805, granted motion to have appeal heard on original record and for assignment of counsel, and assigned Milton Schilback, Esq., 70 Pine Street, New York City, as counsel for defendant on the appeal, and granted motion for enlargement of time, and set the case down for argument during the October, 1955 session of the Court of Appeals.

Order affirmed.

All concur except DYE, J., taking no part.

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5 cases
  • People v. Brabson
    • United States
    • New York Court of Appeals Court of Appeals
    • 23 Febrero 1961
    ...credible evidence' (People v. Chait, 7 A.D.2d 399, 401, 183 N.Y.S.2d 494, 497, affirmed 6 N.Y.2d 855, 188 N.Y.S.2d 560; People v. Jones, 1 N.Y.2d 665, 150 N.Y.S.2d 30) that the minutes submitted by the People are not authentic, the petitioner resorted to unconvicing evidence by surmise and ......
  • People v. Howard
    • United States
    • New York Court of Appeals Court of Appeals
    • 6 Diciembre 1962
    ...11 N.Y.2d 941, 228 N.Y.S.2d 827, 183 N.E.2d 228; People v. Sileo, 3 N.Y.2d 916, 167 N.Y.S.2d 931, 145 N.E.2d 875; People v. Jones, 1 N.Y.2d 665, 150 N.Y.S.2d 30, 133 N.E.2d 517.) The fact that the defendant had an attorney upon the sentencing proceedings who could have moved to withdraw his......
  • People v. Jardine
    • United States
    • New York Court of General Sessions
    • 6 Junio 1960
    ...constitutional rights of a defendant (Canizio v. People of State of New York, 327 U.S. 82, 66 S.Ct. 452, 90 L.Ed. 545; People v. Jones, 1 N.Y.2d 665, 150 N.Y.S.2d 30), since a plea of guilty could still be withdrawn and a trial demanded (People v. Chait, 7 A.D.2d 399, 183 N.Y.S.2d From the ......
  • People v. Jones
    • United States
    • New York Court of General Sessions
    • 20 Mayo 1959
    ...Canizio v. New York, 327 U.S. 82, 66 S.Ct. 452, 90 L.Ed. 545; People v. Jones, 285 App.Div. 1141, 142 N.Y.S.2d 359, affirmed 1 N.Y.2d 665, 150 N.Y.S.2d 30; Frank, Coram Nobis, par. 3.01(g). Therefore, the petitioner's motion is The District Attorney is directed to enter an order in conforma......
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