People v. Jones

• Decision Date: 20 May 1959
• Citation: 18 Misc.2d 960,187 N.Y.S.2d 263
• Parties: PEOPLE of the State of New York v. Michael JONES, Defendant.
• Court: New York Court of General Sessions

Page 263

187 N.Y.S.2d 263

18 Misc.2d 960

PEOPLE of the State of New York v. Michael JONES, Defendant.

Court of General Sessions, New York County.

May 20, 1959.

Frank S. Hogan, Dist. Atty., New York County, New York City (Peter J. O'Connor, New York City, of counsel), for the People.

Nathan Kestnbaum, New York City, for defendant.

SAMUEL R. PIERCE, Jr., Judge.

On January 25, 1935 the petitioner, Michael Jones, pleaded guilty to the crime of an attempt to commit the crime of robbery in the third degree. He was sentenced by Judge George L. Donnellan on February 6, 1935, to five years in State Prison. The petitioner now moves for a writ of error coram nobis to vacate that judgment.

The petitioner claims that when he pleaded guilty to the aforementioned crime, he was neither represented by counsel nor advised of his right to be represented by counsel. The records in this case seem to indicate that the petitioner was represented by counsel at the time he pleaded guilty. However, even if this is not so, the records definitely show that he was represented by counsel at and prior to the time of sentence.

The rule is that if a defendant is represented by counsel at the time of sentence, when a previous plea of guilty could have been withdrawn, the defendant is not deprived of his right to counsel and his constitutional rights are not violated. 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 denied.

The District Attorney is directed to enter an order in conformance with the decision herein rendered and to forward a copy of said order to the defendant.