People ex rel. Kruger v. Hunt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order affirmed, without costs of this appeal to either party. Memorandum: In view of the lateness of time in which this question is raised, during which records have legally been destroyed, and considering the ordinary frailties of memory and the interests of the relator, we are of the opinion that the county judge was justified in disbelieving the bare statement of the relator that he was not advised of his right to counsel at the time of his arraignment in 1922. In the absence of convincing proof of the absence of the constitutional requirement, the presumption of regularity prevails. All…
2Cited by16 opinions
- New York Ex Rel. Whitman v. WilsonSupreme Court of the United States · 1943
- State Ex Rel. May v. SwensonSupreme Court of Minnesota · 1954
- People ex rel. Asaro v. MorhousAppellate Division of the Supreme Court of the State of New York · 1944
- People v. LakeNew York Court of General Session of the Peace · 1948
- United States Ex Rel. James Brennan, Relator-Appellant v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1965
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