People ex rel. Koons v. Elling case brief

People ex rel. Koons v. Elling case brief summary
77 N.Y.S.2d 103 (1948)

CASE SYNOPSIS

The relator filed a habeas corpus proceeding asking the court to order his release from the sentence of imprisonment under which he was confined by defendant sheriff in the county jail.

CASE FACTS
The relator was arrested for stealing money from unlawful slot machines and was charged with violating N.Y. Penal Law §§ 1290, 1298, and 1293-c. He entered a plea of guilty and was sentenced. Thereafter, the relator obtained a writ of habeas corpus, seeking his release from the county jail.

DISCUSSION

• The court dismissed the writ of habeas corpus and remanded the relator to the custody of the sheriff to serve the remainder of his sentence. 
• The court rejected the relator's argument that he was illegally imprisoned because the certificate of conviction was never filed in the county clerk's office pursuant to the provisions of N.Y. Crim. Proc. Law § 723. 
• According to the court, the failure to file the certificate was not cause for the relator's discharge. 
• The court also rejected the relator's argument that his guilty plea was a nullity because money in an unlawful slot machine could not be the subject of larceny under N.Y. Penal Law § 1293-c. the court found that the relator's act constituted petit larceny in violation of N.Y. Penal Law §§ 1290 and 1298. 
• According to the court, by pleading guilty to petit larceny, the relator waived any defects in the information.

CONCLUSION
The court dismissed the writ of habeas corpus and remanded relator to the custody of the sheriff to serve the remainder of his sentence.


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