From Casetext: Smarter Legal Research

People ex Rel. Kruger v. Hunt

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 917 (N.Y. App. Div. 1939)

Opinion

May 17, 1939.

Present — Sears, P.J., Lewis, Cunningham, Taylor and Dowling, JJ.


Order affirmed, without costs of this appeal to either party. Memorandum: In view of the lateness of time in which this question is raised, during which records have legally been destroyed, and considering the ordinary frailties of memory and the interests of the relator, we are of the opinion that the county judge was justified in disbelieving the bare statement of the relator that he was not advised of his right to counsel at the time of his arraignment in 1922. In the absence of convincing proof of the absence of the constitutional requirement, the presumption of regularity prevails. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.)


Summaries of

People ex Rel. Kruger v. Hunt

Appellate Division of the Supreme Court of New York, Fourth Department
May 17, 1939
257 App. Div. 917 (N.Y. App. Div. 1939)
Case details for

People ex Rel. Kruger v. Hunt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALBERT KRUGER, Appellant, v…

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

Date published: May 17, 1939

Citations

257 App. Div. 917 (N.Y. App. Div. 1939)

Citing Cases

United States ex rel. Brennan v. Fay

However, it does appear reasonable to assume that the judge applied the standard which New York law imposes…

State ex Rel. May v. Swenson

Willoughby v. Utecht, supra; Lewis v. Johnston (9 Cir.) 112 F.2d 451; Franzeen v. Johnston (9 Cir.) 111 F.2d…