Legal Opinion

People v. Duell

New York Court of Appeals

Decided April 27, 1956PublishedCited by 1 opinion

1Opinion of the CourtBurke, J.

This appeal presents the question as to whether the trial court upon arraignment is obliged to instruct the defendant of the possible consequence of a plea of guilty as required by section 335-a of the Code of Criminal Procedure, although the defendant did not have a license to drive a motor vehicle and was represented by counsel.

The defendant was indicted December 2, 1954, and charged with the crime of driving while intoxicated in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law, as a felony. On December 9, 1954, defendant pleaded guilty and on January 6, 1955, he was…

2Cases cited6 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
  3. Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
  4. Beekman v. FrostNew York Supreme Court · 1820
  5. De Lynn v. MacduffNew York Court of Appeals · 1953

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3Cited by1 opinion

  1. The People v. Nikolas LovettNew York Court of Appeals · 2023

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