People v. Nicholson
Citation | 228 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 Date | 01 June 1967 |
Court | New 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.
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