People ex rel. Cherry v. Deegan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme. Court, Westchester County, entered June 11, 1968, which dismissed the writ. Judgment affirmed, without costs. There being no claim in the petition that appellant’s guilty plea was involuntary, much less particularized allegations as to why it was entered, it is well settled that such plea constitutes an absolute waiver of all nonjurisdietional defects in any prior stage of the proceedings (People ex rel. Newman v. McMann, 29 A D 2d 704; cf. United States ex rel. Ross v. McMann, 409 F. 2d 1016). Christ, Acting P.…
2Cases cited1 opinion
- United States ex rel. Ross v. McMannCourt of Appeals for the Second Circuit · 1969
3Cited by4 opinions
- People v. JonesNew York Supreme Court · 1976
- People ex rel. Deuel v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992
- People v. NyemchekAppellate Division of the Supreme Court of the State of New York · 1979
- People v. La BarberaAppellate Division of the Supreme Court of the State of New York · 1980