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People v. Sepos

Court of Appeals of the State of New York
Jun 10, 1965
16 N.Y.2d 662 (N.Y. 1965)

Summary

In People v. Sepos (16 N.Y.2d 662, 663) we held that allegations of prejudicial pretrial publicity contained in a coram nobis petition would, if proven, entitle the defendant, who had pleaded guilty, to collateral relief — the exact nature of which we were not prepared to enumerate.

Summary of this case from People ex Rel. Rohrlich v. Follette

Opinion

Argued May 27, 1965

Decided June 10, 1965

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GEORGE D. OGDEN, J.

John C. Little, Jr., District Attorney ( S.K. Pollard of counsel), for appellant.

Henry W. Williams, Jr., for respondent.


MEMORANDUM: Although our affirmance of the Appellate Division's order directing a hearing establishes that the petitioner is entitled to postconviction relief if he proves the allegations of his petition, we need not now decide the particular form or nature of such relief. It is enough to say that the petitioner, in order ultimately to prevail, must demonstrate, as he alleges, that televising and broadcasting shortly after his arrest a re-enactment of the crime charged against him rendered a fair trial impossible.

While a plea of guilt is ordinarily deemed to be a waiver of defenses which could be tried out upon a trial and so to preclude a defendant from seeking coram nobis or other postconviction redress (see People v. Nicholson, 11 N.Y.2d 1067, cert. den. 371 U.S. 929; People v. Dash, 16 N.Y.2d 493), this is not so in a case such as the present where the petitioner's claim is that the incident complained of made it impossible for him to obtain a fair trial.

The order should be affirmed.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

Order affirmed in a memorandum.


Summaries of

People v. Sepos

Court of Appeals of the State of New York
Jun 10, 1965
16 N.Y.2d 662 (N.Y. 1965)

In People v. Sepos (16 N.Y.2d 662, 663) we held that allegations of prejudicial pretrial publicity contained in a coram nobis petition would, if proven, entitle the defendant, who had pleaded guilty, to collateral relief — the exact nature of which we were not prepared to enumerate.

Summary of this case from People ex Rel. Rohrlich v. Follette

In Sepos, defendant's application was made two years after conviction and it therein significantly appeared, inter alia, that following defendant's arrest, he was interrogated by the police for three hours without counsel, in the presence of newspapermen and before television cameras, during which televised interrogation, he was compelled to pose holding a bag which was identified as containing stolen money.

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

People v. Sepos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GEORGE SEPOS, Respondent

Court:Court of Appeals of the State of New York

Date published: Jun 10, 1965

Citations

16 N.Y.2d 662 (N.Y. 1965)
261 N.Y.S.2d 293
209 N.E.2d 285

Citing Cases

Whitehurst v. State

(Verbatim copy; bracketed matter added.) In People v. Sepos, 22 A.D.2d 1007, 254 N.Y.S.2d 759, the Fourth…

People v. Stevenson

As so modified, order affirmed. ( People v. Sepos, 16 N.Y.2d 662; see People v. Stevenson, 23 A.D.2d 856.)…