People v. Nicholson

Citation228 N.E.2d 696,281 N.Y.S.2d 528,19 N.Y.2d 983
Parties, 228 N.E.2d 696 PEOPLE, etc., Respondent, v. Erwin NICHOLSON, Appellant.
Decision Date01 June 1967
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 27 A.D.2d 646, 276 N.Y.S.2d 571.

William E. Hellerstein and Anthony F. Marra, New York City, for defendant-appellant.

Isidore Dollinger, New York City (Arnold Kideckel, New York City, of counsel), for respondent.

The defendant was prosecuted for violating Penal Law, Consol.Laws, c. 40, § 1987, subd. 2, under an indictment which charged unlawful possession of a loaded firearm.

Upon his plea of guilty, the Supreme Court, Joseph A. Brust, J., rendered a judgment of conviction in Bronx County and the defendant appealed.

The Appellate Division affirmed, and the defendant appealed by permission of an Associate Judge of the Court of Appeals.

In the Court of Appeals defendant argued that the trial court erred when it imposed sentence upon him without resolving his claim at time of sentence that the gun to the possession of which he had pleaded guilty was inoperable, a claim which, if true, would have precluded conviction for unlawful possession of a loaded firearm.

Judgment affirmed in a memorandum. As reflected by the colloquy which the trial judge had with the defendant and his attorney at the time of sentence, the defendant, although given an opportunity to withdraw his plea of guilty to possession of a dangerous weapon, declined to do so. Accordingly, his reliance on our decision in People v. Serrano, 15 N.Y.2d 304, 258 N.Y.S.2d 386, 206 N.E.2d 330, and People v. Seaton, 19 N.Y.2d 404, 280 N.Y.S.2d 370, 227 N.E.2d 294, is misplaced.

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

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6 cases
  • People v. Nixon
    • United States
    • New York Court of Appeals Court of Appeals
    • 29 Diciembre 1967
    ... ... Seaton, 19 N.Y.2d 404, 280 N.Y.S.2d 370, 227 N.E.2d 294). In the latter case, the pleading court's responsibility was described as a heavy one, and the proceeding was remanded although defendant had never moved to withdraw her plea (cf. People v. Nicholson, 19 N.Y.2d 983, 281 N.Y.S.2d 528, 228 N.E.2d 696) ...         This year a committee of the American Bar Association Project on Minimum Standards for Criminal Justice recommended in a tentative draft that no plea of guilty should be allowed except on inquiry by the pleading court to ... ...
  • People ex rel. Hallman v. Director, Manhattan Rehabilitation Center
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Noviembre 1970
  • Grady, In re
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Noviembre 1971
    ... ... appellant absconded from after care on May 10, 1971 and her present whereabouts are unknown, the appellant may not have her appeal heard (People v. Del Rio, 14 N.Y.2d 165, 250 N.Y.S.2d 257, 199 N.E.2d 359; People v. Sullivan, 28 N.Y.2d 900, 322 N.Y.S.2d 730, 271 N.E.2d 561; People v. Genet, 59 ... ...
  • James v. Powell
    • United States
    • New York Court of Appeals Court of Appeals
    • 1 Junio 1967
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