[Download] "People State New York v. Alfred Wilson" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

March 09, 2021

eBook details

Title: People State New York v. Alfred Wilson
Author : Court of Appeals of New York
Release Date : January 30, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Appellant would have us reconsider and revise the rule announced by this court in 1949 in People v. McCullough (300 N. Y. 107). The McCullough holding was that when a felony conviction in another jurisdiction has been used as one of the bases for sentencing defendant as a multiple offender in this State (Penal Law, Â§Â§ 1941 or 1942) the courts of this State will not grant a hearing, in either coram nobis or habeas corpus proceedings, on an allegation by defendant that his out-of-State conviction was void since he had not been advised by the out-of-State court of his right to counsel. The rationale of McCullough was stated thus (p. 110): first, that ""a defendant may not in this State challenge the validity of a judgment of a court of another jurisdiction by coram nobis "", and, second, that ""since defendant does not here assert that