(Download) "People State New York v. Benjamin Englese" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Benjamin Englese
- Author : Court of Appeals of New York
- Release Date : January 30, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[7 N.Y.2d 83 Page 85] In July, 1958 defendant made a motion in County Court, Queens County, to vacate his 1953 conviction in that court on the
ground (now just about conceded to be correct) that in 1953 he had been convicted of a felony on an indictment which alleged
facts which could constitute no more than a misdemeanor. The County Court, while it vacated that 1953 judgment, denied the
other part of defendant's application wherein he asked permission to withdraw his plea of guilty on which plea he had been
convicted in 1953. In other words, defendant in 1958 moved to vacate the 1953 conviction and to withdraw his plea of guilty
entered at that earlier time but the County Court, while vacating the earlier judgment, refused to permit the withdrawal of
the plea, considered the indictment as properly alleging a misdemeanor instead of a felony, ordered that defendant's earlier
plea of guilty to the felony stand as a plea of guilty to the misdemeanor, and resentenced defendant nunc pro tunc, for the
misdemeanor, to an indeterminate sentence in the New York Penitentiary in place of the 5- to 10-year prison sentence imposed
on defendant in 1953 for the supposed felony.