People State New York v. Ralph Darling

TAYLOR, J. Appeal by defendant, who specifically waives counsel, from an order of the County Court of Broome County denying a motion for a writ of error coram nobis without a hearing. On July 7, 1957 defendant was convicted of the crime of sodomy as a second offender and sentenced to a prison term of not less than 10 years and not more than 20 years. Upon appeal we affirmed the judgment of conviction (People v. Darling, 8 A.D.2d 641, cert. den. 361 U.S. 875, 377 U.S. 972). We find, contrary to defendant's contentions, that his arraignment upon the information on a legal holiday did not deprive the court of jurisdiction (People v. Chero, 21 A.D.2d 836); in any event the power of the Grand Jury to indict ""regardless of what had occurred before the magistrate"" is well settled. (People ex rel. Hirschberg v. Close, 1 N.Y.2d 258.) Nor do we find merit in defendant's further thesis that there was undue delay in arraigning him upon the indictment or in bringing him to trial thereon (Code Crim. Pro., §§ 667, 668). His complaint that his statutory right to appeal from the conviction was denied