PEOPLE v. WINNINGHAM


7 N.Y.2d 855 (1959)

The People of the State of New York, Respondent, v. James Winningham, Also Known as Jose B. Perez, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

Howard A. Levine for appellant.

Frank S. Hogan, District Attorney (Peter R. Rosenblatt of counsel), for respondent.

Concur: Chief Judge CONWAY and Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to reverse in the following opinion, in which Judge FULD concurs.


Order affirmed.

DESMOND, J. (dissenting).

As I see it, there was a triable issue here and serious error in refusing to try it. The question was not whether defendant was informed of his right to counsel. Defendant's assertion was that he had not "intelligently and understandingly waived" that right. He was never asked by the court whether he was aware of the legal effect of his guilty plea or of the implications...

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