Majority
p. 797The People of the State of New York ex rel. George S. Cohen, Appellant, v. Thomas H. Murphy, Warden of Clinton Prison, Respondent.
Order unanimously affirmed. Facts when admitted by the defendant or his counsel in court are deemed to be established. (People v. Walker, 198 N. Y. 329 .) In view of the admissions made in open court at the time relator was sentenced, “ a jury trial would constitute nothing more than ‘ an idle formality affecting no substantial right.’ ” (People ex rel. Bothermel v. Murphy, 274 N. Y. 281 , 283.) Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.
Cases cited
- People ex rel. Rothermel v. Murphy 274 N. Y. 281 at 283 p. 797