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Canizio Vs. New York
Cites for this judgment
- US Supreme Court
- Feb 04, 1946
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Canizio v. NewSearch
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York - 327 U.S. 82 (1946) U.S. Supreme Court Canizio v. NewSearch
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York, 327 U.S. 82 (1946) Canizio v. NewSearch
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petitioner's motion Page 327 U. S. 85 was the proper procedure to raise the Federal question. Lyons v. GoldsteinSearch
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N.L.R. 1422. Since the Court's denial of the motion cannot be appealed to any higher New York Court, People v. GersewitzSearch
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N.Y. 163, 61 N.E.2d 427, we have jurisdiction to consider the case. Betts v. BradySearch
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he was sentenced, his charges would have been such as to have required the Court to hold a hearing on his motion. Rice v. OlsonSearch
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People v. GowaskySearch
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first degree robbery while armed, he would in all likelihood have gotten a higher sentence. Cf. People ex rel. O'Berst v. MurphySearch
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Pilo v. MartinSearch
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People v. JoyceSearch
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reached us, our previous decisions would have compelled us to hold the denial of the motion improper. See e.g., Rice v. OlsonSearch
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It is suggested that the New York case of People v. SteinmetzSearch
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of his right. We have held that, in a federal court, a withdrawn guilty plea is not admissible in evidence. Kercheval v. UnitedSearch
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States, 274 U. S. 220 , 274 U. S. 223 , 274 U. S. 225 . See also People v. ArianoSearch
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proceeding. Especially is this true of the ignorant, the indigent, the illiterate and the immature defendant. Powell v. AlabamaSearch
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the entire proceeding, an effect which may not be erasable on the day of imposing the sentence. As was said in Glasser v. UnitedSearch
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were thereby vitiated, from which it follows that the conviction was inconsistent with due process of law. See Johnson v. ZerbstSearch
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Waley v. JohnstonSearch
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Under New York law, a plea of guilty which is withdrawn may subsequently be admitted in evidence at the trial. People v. SteinmetzSearch
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under that law, a withdrawn plea of guilty is admissible in evidence against the accused at his later trial. People v. SteinmetzSearch
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have heretofore expressed my reasons for thinking that such a procedure involves a species of self-incrimination. Wood v. UnitedSearch
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held on nonconstitutional grounds that, in a federal court, a withdrawn plea of guilty is not admissible. Kercheval v. UnitedSearch
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U.S. Supreme Court Canizio v. NewSearch
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Lyons v. GoldsteinSearch
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New York Court, People v. GersewitzSearch
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O'Berst v. MurphySearch
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Pilo v. MartinSearch
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of People v. SteinmetzSearch
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Kercheval v. UnitedSearch
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People v. ArianoSearch
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Powell v. AlabamaSearch
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Glasser v. UnitedSearch
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See Johnson v. ZerbstSearch
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People v. SteinmetzSearch
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Wood v. UnitedSearch
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