People v. Rogers
| Decision Date | 07 January 1965 |
| Citation | 204 N.E.2d 334,15 N.Y.2d 690,256 N.Y.S.2d 136 |
| Parties | , 204 N.E.2d 334 The PEOPLE, etc., Respondent, v. Daniel ROGERS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 20 A.D.2d 955, 249 N.Y.S.2d 578.
Defendant, who had been convicted, on his plea of guilty, of second degree murder, made a motion for a writ of error coram nobis to vacate the judgment of conviction.
The Erie County Court, Burke I. Burke, J., entered an order denying, without a hearing, the motion by the defendant, and the defendant appealed.
The Appellate Division entered an order affirming the order of the Erie County Court. Williams, P. J., dissented.
The defendant appealed to the Court of Appeals by permission of the Presiding Justice of the Appellate Division, contending that his constitutional rights were violated by the taking of a confession from him while he was in the custody of the police prior to his arraignment and after his request for counsel had been denied.
Michael F. Dillon, Buffalo (Arthur G. Baumeister, Buffalo, of counsel; Barbara M. Sims, Buffalo, of counsel on the brief), for respondent.
Order affirmed (see People v. Nicholson, 11 N.Y.2d 1067, 230 N.Y.S.2d 220, 184 N.E.2d 190; People v. Jones, 11 N.Y.2d 1070, 230 N.Y.S.2d 222, 184 N.E.2d 192; People v. Howard, 12 N.Y.2d 65, 236 N.Y.S.2d 39, 187 N.E.2d 113).
All concur.
To continue reading
Request your trial
-
People v. Jones
...v. Dash, 16 N.Y.2d 493, 260 N.Y.S.2d 437, 208 N.E.2d 171; People v. Leonard, 34 A.D.2d 865, 310 N.Y.S.2d 801; People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334: CPL 710.70(3)). Nor can he thereafter challenge the legality of the seizure of tangible physical evidence (People ......
-
People v. Muller
...260 N.Y.S.2d 437, 208 N.E.2d 171, People v. Griffin, 16 N.Y.S.2d 508, 260 N.Y.S.2d 447, 208 N.E.2d 179, and People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334. In People v. Rogers, supra, the defendant had been convicted of Murder, in the Second Degree, upon his plea of guilt......
-
People v. Dash
...Nicholson (11 N.Y.2d 1067, 230 N.Y.S.2d 220, 184 N.E.2d 190) whose holding and reasoning we now approve. (See People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334.) The defendant, therefore, is not now entitled to a hearing before the trial court on the issue of the voluntarine......
-
People v. Cermak
...v. Nicholson, 11 N.Y.2d 1067, 230 N.Y.S.2d 220, 184 N.E.2d 190 whose holding and reasoning we now approve. (See People v. Rogers, 15 N.Y.2d 690, 256 N.Y.S.2d 136, 204 N.E.2d 334.) The defendant therefore, is not now entitled to a hearing before the trial court on the issue of the voluntarin......