Legal Opinion

Stewart v. City Court

New York Supreme Court

Decided August 21, 1944PublishedCited by 2 opinions

1Opinion of the CourtDeyo, J.

This is a proceeding instituted pursuant to article 78 of the Civil Practice Act, for an order to set aside a judgment of conviction of the Binghamton City Court, convicting the petitioner of the crime of violating subdivision 4 of section 887 of the Code of Criminal Procedure, and to vacate the sentence imposed thereon and to discharge the petitioner from custody. It is the petitioner’s contention that the Binghamton City Court never acquired jurisdiction, on the grounds that petitioner was never arraigned, never entered a plea of guilty to the charge, and in fact did not know that she had…

2Cases cited11 opinions

  1. People Ex Rel. Comrs. of Charities v. . CullenNew York Court of Appeals · 1896
  2. Bennett v. MerrittNew York Supreme Court · 1940
  3. Bennett v. MerrittAppellate Division of the Supreme Court of the State of New York · 1941
  4. Fahey v. WrightAppellate Division of the Supreme Court of the State of New York · 1939
  5. People Ex Rel. Bennett v. MerrittNew York Court of Appeals · 1941

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3Cited by2 opinions

  1. Silver v. GassmanAppellate Division of the Supreme Court of the State of New York · 1958
  2. People ex rel. Peachin v. FosterNew York Supreme Court · 1946

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