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People v. Alex

Appellate Division of the Supreme Court of New York, First Department
May 21, 1952
279 App. Div. 1069 (N.Y. App. Div. 1952)

Opinion

May 21, 1952.

Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ.


No affidavit whatever was submitted by the People, and on this record it cannot be said that defendant's sworn allegations are conclusively refuted by unambiguous documentary proof contra. Accordingly, whether defendant was advised of his rights and actually represented by counsel upon his plea of guilty and at the time of his sentence should be determined only after a hearing ( People v. Richetti, 302 N.Y. 290, 296; People v. Samet, 279 App. Div. 767 [2d Dept.]; People v. Langan, 303 N.Y. 474). Order unanimously reversed and the application granted to the extent that the matter is remitted to the Court of General Sessions for the purpose of a hearing. Settle order on notice.


Summaries of

People v. Alex

Appellate Division of the Supreme Court of New York, First Department
May 21, 1952
279 App. Div. 1069 (N.Y. App. Div. 1952)
Case details for

People v. Alex

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ALEX, Appellant

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

Date published: May 21, 1952

Citations

279 App. Div. 1069 (N.Y. App. Div. 1952)