People v. Snelling

CourtNew York Court of General Sessions
Writing for the CourtBENJAMIN GASSMAN
Citation227 N.Y.S.2d 143,33 Misc.2d 735
Decision Date10 April 1962
PartiesThe PEOPLE of the State of New York v. Robert SNELLING, Defendant.

Page 143

227 N.Y.S.2d 143
33 Misc.2d 735
The PEOPLE of the State of New York
v.
Robert SNELLING, Defendant.
Court of General Sessions, New York County.
April 10, 1962.

Page 144

[33 Misc.2d 736] Frank S. Hogan, Dist. Atty., New York County (Edward M. Davidowitz, Asst. Dist. Atty.), for the People.

Robert Snelling, defendant, pro se.

BENJAMIN GASSMAN, Judge.

This is a motion in the nature of a writ of error coram nobis.

The record discloses that on January 6, 1955, in a one count indictment, the defendant was charged with the crime of Murder in the First Degree in that 'the defendant in the County of New York, on or about December 20, 1954, wilfully, feloniously and of malice aforethought, struck and killed Mary Joyce with a blunt insturment'. On January 12, 1955, when the defendant was arraigned, the late Judge Schurman appointed John McKim Minton, Rudolph Stand and Matthew Brandenburg as defendant's counsel, and on the same date, the defendant, with his three court-assigned counsel by his side, pleaded not guilty to the indictment.

On March 9, 1955, before Judge Breslin, the defendant in open Court, with his three court-assigned counsel by his side, offered to plead guilty to the crime of Murder in the Second Degree. Upon the written recommendation of the District Attorney, Judge Breslin accepted that plea and the defendant thereupon withdrew the plea of not guilty theretofore interposed by him and pleaded guilty to the crime of Murder in the Second Degree. The pleading minutes on file indicate that the defendant admitted in open Court that on December 20, 1954, he participated with three confederates in the robbery of an apartment at 2049 Seventh Avenue, New York County, in the course of which, one Mary Joyce was assaulted by one of his confederates and subsequently died as a result of the injuries inflicted upon her; that while the defendant himself did not actually strike the fatal blow, he was there when she was beaten about the [33 Misc.2d 737] head by one of the others in the course of the robbery, and that he received $40 .00 out of the stolen money as his share of the proceeds of that robbery. Judge Breslin sentenced him to State prison for a term of not less than twenty years nor more than his natural life.

On this motion, the defendant urges several grounds, only one of which, however, merits any discussion by the Court.

The defendant contends that in view of the fact that the facts confessed to by him, as disclosed during his interrogation prior to his plea of guilty, constituted a felony murder, that his plea of guilty to the crime of

Page 145

Murder in the Second Degree 'was illegal'. He argues that the indictment charged him with common-law murder under Subdivision 1 of Section 1044 of the Penal Law, and that 'the Court modified the statute Sec. 1044 of the Penal Law to be read as under Sec. 1046 of the Penal Law'. This, the defendant contends, was illegal because 'the People...

To continue reading

Request your trial
6 practice notes
  • People v. Bofill
    • United States
    • New York Court of General Sessions
    • June 12, 1962
    ...of guilty reduced from felony murder to second degree murder. Matter of Dodd v. Martin, 248 N.Y. 394, 162 N.E. 293; People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143. See also, Code of Criminal Procedure, § 342-a. The same goes to a plea of guilty from first degree murder to any of the l......
  • People v. Robertson
    • United States
    • New York Court of General Sessions
    • June 12, 1962
    ...in open court by a defendant appearing by counsel, where no fraud is attributable to the Court or to the People. People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143. See also, People v. Lyons, 19 Misc.2d 606, 196 N.Y.S.2d 446, holding that trickery and bad faith by counsel, are not legal g......
  • People ex rel. Fonseca v. LaVallee
    • United States
    • New York Supreme Court Appellate Division
    • May 21, 1970
    ...this contention. The acceptance of the plea was not an impermissible modification of the indictment by the court (People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143) and the inconsistency between felony murder and second degree murder did not render the conviction invalid (People v. Ragon......
  • Johansen v. Barry
    • United States
    • United States State Supreme Court (New York)
    • November 16, 1964
    ...facts upon which the original charge was founded. [People v. Griffin, 7 N.Y.2d 511, 199 N.Y.S.2d 674, 166 N.E.2d 684; People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d It is expressly declared in section 155 of the Vehicle and Traffic Law that '[a] traffic infraction is not a crime * * *'. S......
  • Request a trial to view additional results
6 cases
  • People v. Bofill
    • United States
    • New York Court of General Sessions
    • June 12, 1962
    ...of guilty reduced from felony murder to second degree murder. Matter of Dodd v. Martin, 248 N.Y. 394, 162 N.E. 293; People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143. See also, Code of Criminal Procedure, § 342-a. The same goes to a plea of guilty from first degree murder to any of the l......
  • People v. Robertson
    • United States
    • New York Court of General Sessions
    • June 12, 1962
    ...in open court by a defendant appearing by counsel, where no fraud is attributable to the Court or to the People. People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143. See also, People v. Lyons, 19 Misc.2d 606, 196 N.Y.S.2d 446, holding that trickery and bad faith by counsel, are not legal g......
  • People ex rel. Fonseca v. LaVallee
    • United States
    • New York Supreme Court Appellate Division
    • May 21, 1970
    ...this contention. The acceptance of the plea was not an impermissible modification of the indictment by the court (People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d 143) and the inconsistency between felony murder and second degree murder did not render the conviction invalid (People v. Ragon......
  • Johansen v. Barry
    • United States
    • United States State Supreme Court (New York)
    • November 16, 1964
    ...facts upon which the original charge was founded. [People v. Griffin, 7 N.Y.2d 511, 199 N.Y.S.2d 674, 166 N.E.2d 684; People v. Snelling, 33 Misc.2d 735, 227 N.Y.S.2d It is expressly declared in section 155 of the Vehicle and Traffic Law that '[a] traffic infraction is not a crime * * *'. S......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT