Legal Opinion

People v. McAllister

City of New York Municipal Court

Decided February 23, 1949PublishedCited by 3 opinions

1Opinion of the CourtJoseph, J.

This is a motion for a writ of error coram nobis. The defendant, Joseph E. McAllister, alias John McAllister, alias Joseph Fitzgerald, alias John Reinan, was sentenced by this court, as a fourth offender, to State prison for a term of his natural life on January 15, 1920, at the age of twenty-three. This motion is predicated upon an attack against his third felony conviction and the sentence of this court on August 12, 1918, it being charged that the defendant was without counsel and was not advised of his right to such counsel on either the arraignment, plea or sentence.

It is undisputed that…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  5. Rice v. OlsonSupreme Court of the United States · 1945

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3Cited by3 opinions

  1. United States v. BiceDistrict Court, D. Maryland · 1949
  2. People v. BetilloNew York Supreme Court · 1967
  3. Coffin v. Cid, New York County Courts1969

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