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People ex Rel. McCue v. Martin

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 1941
261 App. Div. 868 (N.Y. App. Div. 1941)

Opinion

January 22, 1941.

Appeal from Clinton County.

Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.


Appellant was jointly indicted with another for the crimes of assault in the first degree and assault in the second degree committed while armed with a pistol. He pleaded guilty to assault in the second degree while armed; and the charge of first degree assault was dismissed. The court imposed a sentence of ten years' imprisonment, five years of which were imposed as increased punishment for being armed. (Penal Law, § 1944.) Appellant now seeks to raise the issue that he was not armed, and offers proof in support thereof. Such an issue of fact may not be reviewed by habeas corpus. Since appellant pleaded guilty to an indictment specifically charging him with being armed no additional hearing was necessary. Order dismissing writ of habeas corpus unanimously affirmed, without costs.


Summaries of

People ex Rel. McCue v. Martin

Appellate Division of the Supreme Court of New York, Third Department
Jan 22, 1941
261 App. Div. 868 (N.Y. App. Div. 1941)
Case details for

People ex Rel. McCue v. Martin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHARLES McCUE, Appellant, v…

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

Date published: Jan 22, 1941

Citations

261 App. Div. 868 (N.Y. App. Div. 1941)

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The court is not required to hold such a hearing. (See People ex rel. McCue v. Martin, 261 App. Div. 868;…

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Habeas corpus was not a proper method of review in any event under the circumstances. ( People ex rel. McCue…