From Casetext: Smarter Legal Research

People v. Ryder

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1965
24 A.D.2d 808 (N.Y. App. Div. 1965)

Opinion

October 29, 1965


MEMORANDUM BY THE COURT. Appeal by defendant from a judgment of the County Court of Madison County which convicted him upon pleas of guilty of seven separate crimes. The judgment appealed from was rendered on February 2, 1965 following a court-directed remand for resentencing for the failure of the trial court in 1949 to accord him a two-day delay pursuant to the requirements of section 472 of the Code of Criminal Procedure. Appeal is also taken from an order of the same court denying without a hearing his motion for a writ of error coram nobis to vacate the judgment. The record shows that defendant had no counsel when he was arraigned in 1949. It is conceded that he was then asked by the court as required by section 308 of the Code of Criminal Procedure if he desired the aid of counsel and that he declined such assistance. Defendant may not now complain that he misunderstood the court's inquiry. ( People v. Sprung, 13 A.D.2d 877; People v. Crimi, 278 App. Div. 997, affd. 303 N.Y. 749. ) Judgment and order affirmed. Gibson, P.J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.


Summaries of

People v. Ryder

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1965
24 A.D.2d 808 (N.Y. App. Div. 1965)
Case details for

People v. Ryder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED AUGUSTUS RYDER…

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

Date published: Oct 29, 1965

Citations

24 A.D.2d 808 (N.Y. App. Div. 1965)

Citing Cases

People v. Smith

on August 26, 1957, when he waived examination, to the time of his arraignment upon indictment in Supreme…

People v. Quick

It is well settled that a defendant who has been advised of his right to counsel, and who refuses that…