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People v. Temple

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 1963
19 A.D.2d 919 (N.Y. App. Div. 1963)

Opinion

November 8, 1963

Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.


Order denying application in the nature of a writ of error coram nobis affirmed. The form of the court's statement — that defendant was entitled to a lawyer of his own choice — was as explicit as that approved in People v. Fink ( 8 A.D.2d 859, cert. den. 361 U.S. 920). Further, defendant was asked if the court's statement of his rights was "clear" and, again, whether he understood his "right to a lawyer", and to each question he replied, "Yes, sir." Finally, the record compiled upon the hearing afforded defendant is sufficient to establish a competent and intelligent waiver.


Summaries of

People v. Temple

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 1963
19 A.D.2d 919 (N.Y. App. Div. 1963)
Case details for

People v. Temple

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ALLEN TEMPLE…

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

Date published: Nov 8, 1963

Citations

19 A.D.2d 919 (N.Y. App. Div. 1963)