People v. Singleton
| Decision Date | 01 March 1971 |
| Citation | 36 A.D.2d 725,318 N.Y.S.2d 818 |
| Parties | The PEOPLE, etc., Respondent, v. Winston A. SINGLETON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William Cahn, Dist. Atty., Nassau County, for respondent; Jules E. Orenstein, Asst. Dist. Atty. of counsel.
Norman Rose, Garden City, for appellant.
Before HOPKINS, Acting P.J., and MUNDER, MARTUSCELLO, LATHAM and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from (1) an order of the County Court, Nassau County, entered March 11, 1970, which denied his motion to withdraw his plea of guilty and (2) the judgment of conviction rendered by said court on May 17, 1970 upon resentence on said plea of guilty.
Order and judgment affirmed.
Defendant contends that he did not know he was pleading guilty to a felony in 1958, that the sentencing court misled him into the belief that he was pleading guilty to a misdemeanor and that the minutes of the change of plea are not available. After a hearing before Judge Douglas F. Young in the County Court, Nassau County, in an order made in People v. Singleton, a related case, Judge Young made a finding on August 2, 1968 that defendant's testimony that he did not know that he was pleading to a felony in 1958 was unworthy of credence. In our opinion, that finding was justified by the proof.
The mere fact that the minutes of the 1958 change of plea to guilty are not available does not render it mandatory that the judgment and order be reversed. The record on appeal, as amplified by other court records, is adequate for appellate review by this court (see order in People v. Singleton, Supra, entered August 6, 1968 in Nassau County). Assuming that that determination is technically not part of the record, this court may take judicial notice of it (9 Wigmore on Evidence (3d ed.), § 2579).
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