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

25 A.D.2d 860 Court N.Y. App. Div. Decision date 1966-05-09 English

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

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p. 860
The People of the State of New York ex rel. Alvin Edmonds, Appellant, v. Warden of Queens House of Detention for Men, Respondent.

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.