Appellate Division of the Supreme Court of New York, 1966

People ex rel. Edmonds v. Warden of Queens House of Detention for Men

People ex rel. Edmonds v. Warden of Queens House of Detention for Men
Appellate Division of the Supreme Court of New York · Decided May 9, 1966 · Beldock, Brennan, Hill, Hopkins, Rabin
25 A.D.2d 860; 269 N.Y.S.2d 787; 1966 N.Y. App. Div. LEXIS 4316
People ex rel. Edmonds v. Warden of Queens House of Detention for Men

Opinion of the Court

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Queens County, entered June 22, 1964, which dismissed the writ. Judgment affirmed, without costs. Absent a showing of unreasonable delay between plea or verdict and sentence, the failure of a Trial Judge to follow literally the statutory mandate that a time for pronouncing judgment be fixed after a plea or verdict of guilty (Code Crim. Pro., § 471) does not support a claim of right in habeas corpus designed to effect resentence, where it appears that the relator received (Code Crim. Pro., § 472) due notice of sentence (People ex rel. Wilkes v. Doherty, 25 A D 2d 451; People ex rel. Hunter v. Fay, 25 A D 2d 568).

Beldock, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.