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People v. Mainello

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 5, 1947
271 App. Div. 1050 (N.Y. App. Div. 1947)

Opinion

March 5, 1947.

Present — Taylor, P.J., Harris, McCurn, Larkin and Love, JJ.


Judgments of conviction and orders affirmed on the ground that the record shows no prejudice to defendant. All concur, except McCurn, J., who dissents and votes for reversal of the order denying the motion to withdraw the plea of guilty and grant the motion. (See People v. Gowasky, 244 N.Y. 451; People v. Steir, 268 App. Div. 961.) (The judgment of conviction was rendered before trial as to identity; the judgment rendered May 28, 1945, imposed a sentence as a second offender on a plea of guilty to a charge of grand larceny, second degree, after trial by jury as to identity of defendant on the previous conviction. One order directed the clerk to record that defendant entered a plea of guilty to grand larceny, second degree, and amends all records and papers; two other orders deny defendant's motions to withdraw his plea of guilty and to reinstate his plea of not guilty.)


Summaries of

People v. Mainello

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 5, 1947
271 App. Div. 1050 (N.Y. App. Div. 1947)
Case details for

People v. Mainello

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MAINELLO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 5, 1947

Citations

271 App. Div. 1050 (N.Y. App. Div. 1947)

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