From Casetext: Smarter Legal Research

People ex Rel. Romano v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1960
10 A.D.2d 758 (N.Y. App. Div. 1960)

Opinion

March 18, 1960

Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Appeal from an order of the Supreme Court at Special Term which denied an application for a writ of habeas corpus sought on the ground that the County Court of Kings County in imposing sentence failed to comply with section 480 of the Code of Criminal Procedure. Attached to relator's petition is an excerpt from the minutes in which appears the following: "The Court: Arraign the defendant for sentence. (The defendant was asked the usual formal questions on sentence by the Clerk of the Court)." The minutes indicate that defendant's counsel then addressed the court as to sentence. Neither in his petition nor in his brief does relator question or explain the excerpt quoted. In People ex rel. Williams v. Murphy ( 6 N.Y.2d 234) were involved a sentence imposed by the same court and a like reference in the minutes to "the usual formal question" upon defendant's arraignment for sentence. Although the supportive evidence was stronger than here, the Williams case seems to us to require affirmance of the order before us. Order unanimously affirmed, without costs.


Summaries of

People ex Rel. Romano v. Johnston

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1960
10 A.D.2d 758 (N.Y. App. Div. 1960)
Case details for

People ex Rel. Romano v. Johnston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. PASQUALE ROMANO, Appellant…

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

Date published: Mar 18, 1960

Citations

10 A.D.2d 758 (N.Y. App. Div. 1960)

Citing Cases

People v. Grossman

The application was made on the ground that the sentence imposed upon defendant as a second felony offender…