People v. Kvalheim
| Decision Date | 20 January 1966 |
| Citation | 17 N.Y.2d 510,267 N.Y.S.2d 512 |
| Parties | , 214 N.E.2d 789 The PEOPLE, etc., Appellant, v. Nils KVALHEIM, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeals from Supreme Court, Appellate Term, Second Department.
Complaint charged that defendant and another, with intent to provoke a breach of the peace and under circumstances whereby breach of the peace might be occasioned, did loiter and lounge while drinking from a common bottle and refused to move on when ordered to do so to the annonyance of persons in the vicinity.
Defendant was convicted, on his plea of guilty, of disorderly conduct and was sentenced to a term of 60 days' imprisonment. The Criminal Court of the City of New York, Kings County, Ludwig Glowa, J., entered judgment, and the defendant appealed.
The Appellate Term entered an order reversing the judgment of the Criminal Court and dismissing the complaint and held that record indicated that the Criminal Court had not advised the defendant of his constitutional right to the effective aid of assigned counsel, or an adjournment before determining that a plea of guilty should be entered.
The People of the State of New York appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals from part of order dismissing the complaint.
Order affirmed. Dismissal of the complaint (instead of remission for a new arraignment) was proper here since defendant had already served his sentence of imprisonment (People v. Witenski, 15 N.Y.2d 392, 259 N.Y.S.2d 413, 207 N.E.2d 358). Since appellant appeals from that part only of the order which dismisses the complaint was make no determination as to the correctness of so much of the Appellate Term decision as holds that defendant was not properly informed of his rights.
All concur.
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