People v. Hardy
New York Supreme Court
1Opinion of the CourtJoseph P. Kuszyhski, J.
This petitioner was first convicted in this court March 2, 1934 upon his plea of guilty to a reduced charge of murder in the second degree. That judgment was vacated in February, 1953, and the petitioner again entered a guilty plea to murder in the second degree. No appeal was taken from either judgment. The petitioner now seeks an order vacating the sentence imposed on July 3, 1953 upon the ground that he was not advised by the attorneys assigned to his defense or the court of his right to appeal.
The District Attorney resists the application upon the ground that the relief required by the…