Legal Opinion

People v. Smyth

New York Court of Appeals

Decided July 3, 1957PublishedCited by 49 opinions

1Opinion of the CourtVan Voorhis, J.

This is an appeal in a coram nobis proceeding from an order of the Appellate Division which reversed an order of the Bronx County Court dismissing defendant-respondent’s petition, and ordered a hearing “ solely on the issue of defendant’s alleged mental incompetence at the time of arraignment, plea of guilty and sentence.” Although charged with armed robbery, he was permitted to plead guilty to the crime of robbery in the second degree.

Under interrogation by the court, defendant admitted at the time of his arraignment that he “ participated in that stick-up ” and described the circumstances…

2Cases cited4 opinions

  1. People v. RichettiNew York Court of Appeals · 1951
  2. People v. GuarigliaNew York Court of Appeals · 1951
  3. People v. . SweeneyNew York Court of Appeals · 1914
  4. People v. BoehmNew York Court of Appeals · 1955

3Cited by49 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. TortoriciNew York Court of Appeals · 1999
  3. People v. ArmlinNew York Court of Appeals · 1975
  4. People v. GenslerNew York Court of Appeals · 1988
  5. Norman Silverstein v. Robert HendersonCourt of Appeals for the Second Circuit · 1983

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