From Casetext: Smarter Legal Research

People v. Nicholson

Court of Appeals of the State of New York
Jul 6, 1962
11 N.Y.2d 1067 (N.Y. 1962)

Summary

In People v. Nicholson (11 N.Y.2d 1067, 1068) the court held: "If a defendant desires to contest the voluntariness of his confession, he must do so by pleading not guilty, and then raising the point upon the trial; he may not plead guilty and then, years later, at a time when the prosecution is perhaps unable to prove its case, assert this alleged constitutional violation.

Summary of this case from People v. Mott

Opinion

Argued June 12, 1962

Decided July 6, 1962

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MARTIN SCHENCK, J.

Thomas W. Brown for appellant.

John T. Garry, II, District Attorney ( Condon A. Lyons of counsel), for respondent.


A defendant who has knowingly and voluntarily pleaded guilty may not thereafter attack the judgment of conviction entered thereon by coram nobis or other post-conviction remedy on the ground that he had been coerced into making a confession and that the existence of such coerced confession induced him to enter the plea of guilty. If a defendant desires to contest the voluntariness of his confession, he must do so by pleading not guilty and then raising the point upon the trial; he may not plead guilty and then, years later, at a time when the prosecution is perhaps unable to prove its case, assert this alleged constitutional violation. The issue as to whether the confession was illegally obtained is waived by the guilty plea. People v. Berger ( 9 N.Y.2d 692) clearly differs from this case in its fact pattern.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Order affirmed.


Summaries of

People v. Nicholson

Court of Appeals of the State of New York
Jul 6, 1962
11 N.Y.2d 1067 (N.Y. 1962)

In People v. Nicholson (11 N.Y.2d 1067, 1068) the court held: "If a defendant desires to contest the voluntariness of his confession, he must do so by pleading not guilty, and then raising the point upon the trial; he may not plead guilty and then, years later, at a time when the prosecution is perhaps unable to prove its case, assert this alleged constitutional violation.

Summary of this case from People v. Mott
Case details for

People v. Nicholson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINFIELD ISAAC…

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1962

Citations

11 N.Y.2d 1067 (N.Y. 1962)
230 N.Y.S.2d 220
184 N.E.2d 190

Citing Cases

People v. Muller

Prior to the enactment of sections 813-f, 813-g, 813-h and 813-i of the Code of Criminal Procedure (L. 1965,…

People v. Earl

Order entered September 21, 1961, denying, without a hearing, application of petitioner-appellant (herein…