Legal Opinion

People v. Gillette

New York County Courts

Decided September 6, 1945PublishedCited by 1 opinion

1Opinion of the CourtCashin, J.

This is a motion to set aside a sentence of this court heretofore imposed on October 24, 1938. The moving *804papers are in longhand and were drafted by the defendant himself. The petition reads that on the 24th day of October, 1938, this court rendered an invalid, illegal and erroneous judgment against the defendant by reason of the fact that the court failed to abide by the law as prescribed by sections 8, 188 and 308 of the Code of Criminal Procedure and the Sixth Amendment to the United States Constitution. In short, he was not advised of his rights to have counsel nor was he represented by…

2Cases cited7 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  3. Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
  4. People ex rel. Moore v. HuntAppellate Division of the Supreme Court of the State of New York · 1939
  5. People ex rel. Asaro v. MorhousAppellate Division of the Supreme Court of the State of New York · 1944

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3Cited by1 opinion

  1. People v. Mower, New York County Courts1948

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