Legal Opinion

People v. Chait

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1959PublishedCited by 3 opinions

1Opinion of the CourtBotein, P. J.

A judgment of the Court of Qeneral Sessions of the County of New York, entered May 31, 1917, convicting petitioner of the crime of grand larceny in the second degree upon his plea of guilty, has been vacated by the granting of a writ of error coram nobis. The court below held that upon the hearings before it petitioner had successfully sustained the burden of proving that he had never been represented by counsel nor advised of his right to counsel at any stage of the proceedings, which took place over 40 years before. The People appeal.

It is fundamental that a defendant charged with the…

2Cases cited15 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Williams v. KaiserSupreme Court of the United States · 1945
  3. People v. RichettiNew York Court of Appeals · 1951
  4. Matter of Bojinoff v. PeopleNew York Court of Appeals · 1949
  5. Canizio v. New YorkSupreme Court of the United States · 1946

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3Cited by3 opinions

  1. People v. AlexanderNew York Supreme Court · 1987
  2. United States Ex Rel. James Brennan, Relator-Appellant v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1965
  3. Vazquez v. Richmond County Supreme CourtDistrict Court, E.D. New York · 2023

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