People v. Jordan

Decision Date19 December 1963
Citation245 N.Y.S.2d 185,20 A.D.2d 583
PartiesThe PEOPLE of the State of New York, Respondent, v. Hubert C. JORDAN, Appellant.
CourtNew York Supreme Court — Appellate Division

Hubert C. Jordan, Auburn, for appellant.

Joseph A. Mogavero, Jr., Unadilla, for respondent.

Before BERGAN, P. J., and GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ.

MEMORANDUM DECISION.

Appellant's contention that he was not arraigned on the indictment to which he pleaded guilty is contrary to at least some of the inferences to be drawn from the admittedly inconsistent records; but it has been held that a failure to arraign does not tend to prejudice the rights of a defendant who pleads guilty or proceeds to trial. (People v. Kass, 35 Misc.2d 449, 450, 229 N.Y.S.2d 81, 83 [resettlement denied 36 Misc.2d 1, 232 N.Y.S.2d 515], affd. 18 A.D.2d 796, 236 N.Y.S.2d 1021.) As to the second ground of appellant's application, the acceptance of his plea of guilty, through his attorney, in open court, would not constitute grounds for reversal upon a direct appeal (People v. Sadness, 300 N.Y. 69, 73, 89 N.E.2d 188, 189, cert. den. 338 U.S. 952, 70 S.Ct. 483, 94 L.Ed. 587) or, consequently, a basis for coram nobis. In any event, each ground is for error appearing upon the face of the record and hence coram nobis cannot be invoked in the case of either. (People v. Kass, supra, 35 Misc.2d p. 450, 229 N.Y.S.2d p. 83 [as to non-arraignment]; People v. Sadness, supra, 300 N.Y. pp. 73-74, 89 N.E.2d pp. 189-190 [as to plea].)

Order unanimously affirmed.

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6 cases
  • People v. Hallenbeck
    • United States
    • New York Supreme Court Appellate Division
    • February 17, 2011
    ...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 harsh and excessive, even though Supreme Court imposed t......
  • People v. Willis
    • United States
    • New York County Court
    • December 23, 1977
    ...as such, are reviewable only upon appeal (People v. Codarre, 10 N.Y.2d 361, 363, 223 N.Y.S.2d 457, 458, 179 N.E.2d 475; People v. Jordan, 20 A.D.2d 583, 245 N.Y.S.2d 185; People v. Allen, 18 A.D.2d 840, 238 N.Y.S.2d 70). Further, it may well be held that defendant has waived such objections......
  • People v. Jackson
    • United States
    • New York Supreme Court Appellate Division
    • April 24, 1969
    ...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 ......
  • People ex rel. Greene v. Scully
    • United States
    • New York Supreme Court Appellate Division
    • February 3, 1992
    ...mandated a new trial, and not petitioner's immediate release from custody (see, People ex rel. Brady v. Scully, supra; People v. Jordan, 20 A.D.2d 583, 245 N.Y.S.2d 185). Accordingly, the instant habeas corpus proceeding was properly dismissed (see, People ex rel. Kaplan v. Commissioner of ......
  • Request a trial to view additional results

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