PEOPLE v. CARNEY


36 Misc.2d 54 (1962)

The People of the State of New York, Plaintiff, v. James Carney, Defendant.

County Court, Oneida County.

August 22, 1962


Attorney(s) appearing for the Case

James Carney, defendant in person. Arthur A. Darrigrand, District Attorney, for plaintiff.


JOHN J. WALSH, J.

The defendant-petitioner presents a very clear-cut proposition of law in his petition. Is the refusal of the committing Magistrate to assign counsel on the preliminary hearing sufficient ground for vacating a judgment of conviction upon a plea of guilty to the indictment subsequently returned by the Grand Jury?

There seems to be no question of fact requiring a hearing since there is no issue raised and the transcript of the preliminary...

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