People ex rel. Cook v. Pitts
Appellate Division of the Supreme Court of the State of New York
Appeal from an order made by the recorder of the city of Albany and entered in the office of the clerk of the county of Albany on the 9th day of February, 1905, discharging the relator from the custody of Sebastian W. Pitts, as sheriff of the county of Albany, on the ground of the alleged insufficiency of the certificate of conviction by which he is held.
1Opinion of the Court
Kellogg, J.:
This.case is governed by the rule in People ex rel. Bidwell v. Pitts (111 App. Div. 319), decided at this term of court.. The certificate uses the words “ having thereupon pleaded guilty, it is adjudged,” .etc., while the statutory.form (Code Crim. Proc. §§ 721, 722) uses the words •“ having been thereupon duly convicted upon a plea of guilty,-it is adjudged,” etc:, but it has been held this is a substantial compliance with the statutory form, as upon-a plea of guilty the only duty of the court is to sentence. (People ex rel. Evans v. McEwen, 67 How. Pr. 105, 112, 113.)
The order…
2Cases cited2 opinions
- People ex rel. Bidwell v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Evans v. McEwenNew York Supreme Court · 1884
3Cited by1 opinion
- People v. RosenthalColumbia County Court · 1939