Summary
In Tornetto, defendant, who had pleaded guilty, argued upon appeal that his plea should be set aside because his demand for a preliminary hearing had been refused and that the fact that an indictment had subsequently been returned did not preclude him from seeking relief for the denial of this statutory right.
Summary of this case from People v. JacksonOpinion
Argued September 30, 1965
Decided October 21, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JULIUS HELFAND, J.
Gretchen White Oberman and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( William I. Siegel of counsel), for respondent.
Judgment affirmed. (See People ex rel. Hirschberg v. Close, 1 N.Y.2d 258; cf. People v. Nicholson, 11 N.Y.2d 1067.) However, we call attention to section 190 of the Code of Criminal Procedure which requires the court to examine the case unless defendant waives such examination. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.