People v. Sardo
| Decision Date | 20 October 1958 |
| Citation | 15 Misc.2d 69,178 N.Y.S.2d 691 |
| Parties | PEOPLE of the State of New York v. Fred SARDO, Defendant-Petitioner. |
| Court | New York County Court |
Fred Sardo, pro se. for the Petition.
Harry L. Rosenthal, Dist. Atty. of Monroe County, Rochester, opposed.
Defendant, Fred Sardo, and two others were convicted by a jury in Monroe County Court and sentenced May 4, 1938 to indeterminate terms in State's Prison at Attica, New York, the maximum of which, in defendant's case, was thirty years. Defendant and the others convicted with him appealed their convictions, which were affirmed by the Court of Appeals in 1942 in People v. Sardo, 288 N.Y. 507, 41 N.E.2d 924. Defendant sometime thereafter instituted a Habeas Corpus proceeding, the denial of the writ in which was affirmed by the Appellate Division in People ex rel. Sardo v. Jackson, 6 A.D.2d 938, 175 N.Y.S.2d 637. In that Habeas Corpus proceeding petitioner claimed that the indictment under which he was tried was improperly transferred to Monroe County Court. During the trial in 1938 defendant was represented by Israel Jacobs, Esq., an attorney duly admitted to practice by the courts of Connecticut, but not admitted to practice by the courts of New York. Defendant, upon his arraignment pursuant to the indictment returned against him, answered that Israel Jacobs appeared for him as his attorney. At the trial Mr. Fowler (Ray F. presented to the Court Mr. Jacobs, 'a member of the Connecticut Bar, and ask permission for him to act in this case for Mr. Sardo and Mr. Costello.' Upon the District Attorney's making no objection to this acting for Mr. Sardo in that trial, the Court allowed Mr. Jacobs to represent Mr. Sardo and the other defendant, who were present. Mr. Jacobs opened for the two defendants he represented; took part in the examination and cross-examination of the witnesses called; summed up for the defendant Sardo and the other defendant whom he represented; and, in other ways, by exceptions and objections, took part in the trial on behalf of the defendant Sardo. Mr. Jacobs moved for a new trial on behalf of the defendant Sardo, and was present at his sentencing. The above facts are contained in the record on appeal to the Court of Appeals (Fols. 1-1257), being No. 7979, March, 1942.
Defendant now claims that he was not represented by any counsel at the time of the trial resulting in his conviction in that (quoting from his petition) 'the Court permitted a person who was not admitted to practice law in this State, to represent petitioner, a fact and condition then unknown to petitioner, but either known by the Court, or neglected to be determined by it, thus depriving petitioner of adequate counsel for so serious a charge.'
This Court is unable, after diligent search, to find any statutes or reported decisions directly in point. In Finnerty v. Siegal, 168 Misc. 476, 5 N.Y.S.2d 309, 310, the Court says:
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