Legal Opinion

In re Sostre

District Court, W.D. New York

Decided December 5, 1960No. Civ. No. 8969Published

1Opinion of the Court

HENDERSON, District Judge.

Application to proceed in forma pau-peris granted.

Petitioner was indicted in the Bronx County Court on two counts of narcotics violations under separate subdivisions of section 1751 of the Penal Law, McKinney’s Consol.Laws, c. 40. On October 81, 1952, he pleaded guilty to the lesser count, carrying a maximum sentence of ten years. One week later, he was again brought into court and informed that the prior plea was ineffectual since the District Attorney had not given his written consent to the acceptance of a plea and that the District Attorney would not give such…

2Cases cited6 opinions

  1. Darr v. BurfordSupreme Court of the United States · 1950
  2. People Ex Rel. Sedlak v. FosterNew York Court of Appeals · 1949
  3. United States Ex Rel. Louis Cuomo, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1958
  4. People v. WilsonNew York Court of Appeals · 1960
  5. People v. ZurakAppellate Division of the Supreme Court of the State of New York · 1956

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