PEOPLE EX REL. WILKES v. DOHERTY


25 A.D.2d 451 (1966)

The People of the State of New York ex rel. William Wilkes, Appellant, v. William R. Doherty, as Warden of Queens House of Detention for Men, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 31, 1966


Judgment affirmed, without costs.

The relator contends, in effect, that the failure of the sentencing court to "appoint a time for pronouncing judgment" pursuant to section 471 of the Code of Criminal Procedure violated a substantial right and that, by deferring sentence after the verdict of guilt without fixing a date certain therefor, the court was ousted of jurisdiction thereafter to pronounce judgment, thereby rendering the judgment void. The record discloses...

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