Opinion · Nylaw New York

PEOPLE v. PRENTICE, 282 App. Div. 1101 (1953)

282 App. Div. 1101

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1953-12-22
Topic: general

PEOPLE v. PRENTICE, 282 App. Div. 1101 (1953) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON GEORGE PRENTICE,Appellant.Appellate Division of the Supreme Court of New York, Third Department. December 22, 1953.

Citator

UpLaw has not yet analyzed PEOPLE v. PRENTICE, 282 App. Div. 1101 (1953). The absence of a flag is not a finding that it is good law.

PEOPLE v. PRENTICE,282 App. Div. 1101(1953)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON GEORGE PRENTICE,

Appellant.

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

December 22, 1953.

Appeal from Broome County Court.

Petitioner was granted a hearing which was held at some length before the County Court. Several hearings were held at which witnesses were called, including petitioner. Petitioner testified that he was not advised of his right to counsel. Evidence to the contrary was offered in the form of testimony of a court clerk and a personally kept record in the handwriting of the County Judge before whom the conviction occurred. A question of fact was presented and there is evidence in the record to support the finding that petitioner was in fact advised of his right to counsel. Order unanimously affirmed, without costs.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.