From Casetext: Smarter Legal Research

People ex Rel. Grogan v. Morhous

Appellate Division of the Supreme Court of New York, Third Department
Mar 12, 1946
270 App. Div. 871 (N.Y. App. Div. 1946)

Opinion

March 12, 1946.

Appeal from Supreme Court, Washington County.


Relator was convicted December 8, 1926 of the crime of attempted robbery in the first degree. This was upon his plea of guilty to that offense made under a count in the indictment which accused him of the completed crime of such a degree of robbery. He is now serving the sentence imposed in that judgment. Prior to his conviction he had tendered a plea of guilty to robbery in the second degree. Relator's contention that the indictment was found upon insufficient evidence is not reviewable in a habeas corpus proceeding. ( People ex rel. Childs v. Knott, 187 App. Div. 604, affd. 228 N.Y. 608.) His tendered plea of guilty to robbery in the second degree and the circumstances of its nonallowance and withdrawal and the later entry and acceptance of the plea upon which he was convicted, did not result in double jeopardy and present no questions reviewable by the office of his writ. ( Matter of Morhous v. N.Y. Supreme Court, 293 N.Y. 131.) Relator's sentence was valid when pronounced. The subsequent enactment of a lessened punishment presents no question determinable herein. (Penal Law, § 38.) Order affirmed. All concur.


Summaries of

People ex Rel. Grogan v. Morhous

Appellate Division of the Supreme Court of New York, Third Department
Mar 12, 1946
270 App. Div. 871 (N.Y. App. Div. 1946)
Case details for

People ex Rel. Grogan v. Morhous

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BENJAMIN B. GROGAN, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 12, 1946

Citations

270 App. Div. 871 (N.Y. App. Div. 1946)

Citing Cases

State v. Forbes

A plea of guilty must be accepted by the court, however, before jeopardy attaches. See State v. De Nistor,…

People ex Rel. Sostre v. Jackson

The petition and supporting papers indicate that the County Court of Bronx County purportedly accepted…