(Download) "People State New York v. Joseph Tomaselli" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Joseph Tomaselli
- Author : Court of Appeals of New York
- Release Date : January 25, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[7 N.Y.2d 350 Page 352] More than 25 years ago -- and in this account we accept as true the allegations of the petition for a writ of error coram
nobis -- Tomaselli, then 16 years old, was indicted by a Dutchess County Grand Jury for the crime of second degree forgery.
Although originally represented by a lawyer of his own choosing, who apparently withdrew from the case, the defendant appeared
without counsel in the County Court of Dutchess County on February 8, 1932, the date to which the arraignment had been adjourned,
and voiced a plea of guilty. The court, declining to accept the plea, assigned a member of the local Bar, then in the courtroom,
to represent the defendant and they spoke together for about 10 minutes. During this lawyer-client conference, the defendant
alleges, although he was questioned as to his age, his family and his friends, he was not asked about the facts underlying
the forgery charged against him. He does, however, acknowledge that he told his lawyer, in answer to the specific question,
that he had committed that crime. Then, the defendant's petition continues, the attorney advised him to plead guilty and,
following a colloquy at the bench, between prosecutor and defense counsel and the court, the defendant again entered a plea
of guilt. A week later, the defendant, accompanied by the lawyer, appeared for sentence. The attorney spoke on the defendant's
behalf and the court imposed a suspended sentence.
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