PEOPLE v. DUELL


1 N.Y.2d 132 (1956)

The People of the State of New York, Appellant, v. Charles Duell, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Harry L. Rosenthal, District Attorney (Nicholas P. Varlan of counsel), for appellant.

John F. Burke for respondent.

CONWAY, Ch. J., DYE and FULD, JJ., concur with BURKE, J.; DESMOND, J., dissents in an opinion in which VAN VOORHIS, J., concurs; FROESSEL, J., taking no part.


BURKE, J.

This appeal presents the question as to whether the trial court upon arraignment is obliged to instruct the defendant of the possible consequence of a plea of guilty as required by section 335-a of the Code of Criminal Procedure, although the defendant did not have a license to drive a motor vehicle and was represented by counsel.

The defendant was indicted December 2, 1954, and charged with...

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