286 A.D. 1141 | N.Y. App. Div. | 1955
Memorandum: Appellant was indicted on May 26, 1944, for burglary, third degree, grand larceny, second degree, and criminally receiving stolen property. On the same day the indictment was transferred from Supreme Court, Niagara County, where the indictment was found, to County Court, Niagara County. Appellant was arraigned on the 31st day of May, 1944, and pleaded “ Not Guilty ”. On June 13, 1944, appellant withdrew his plea of “ Not Guilty ”, and pleaded guilty to burglary, third degree, according to the court records, although appellant contends his plea was guilty to the crime of “Unlawful Entry”. On the 5th day of July, 1944, he was sentenced for the crime of burglary, third degree, to Niagara County jail for a period of six months. At the time of his sentence, he was represented by counsel, Fred V. Degnan, now deceased. Concededly, he was not represented by counsel when he was arraigned on May 26, 1944, nor