Legal Opinion

People ex rel. Cherry v. Deegan

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

Decided June 9, 1969PublishedCited by 4 opinions

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

  1. United States ex rel. Ross v. McMannCourt of Appeals for the Second Circuit · 1969

3Cited by4 opinions

  1. People v. JonesNew York Supreme Court · 1976
  2. People ex rel. Deuel v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. NyemchekAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. La BarberaAppellate Division of the Supreme Court of the State of New York · 1980

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API