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PEOPLE v. WHITE

309 N.Y. 636 (1956)

The People of the State of New York, Respondent, v. Robert White, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1956

Attorney(s) appearing for the Case

Milton Schilback and Robert White, in person, for appellant.

Frank S. Hogan, District Attorney (Leonard E. Reisman and Charles W. Manning of counsel), for respondent.

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

BURKE, J.

The defendant by affidavit alleges that on February 11, 1930, he pleaded guilty to grand larceny in the second degree in the Court of General Sessions, New York County, relying upon the alleged fraudulent misrepresentation of an assistant district attorney that upon a plea of guilty he would be sentenced as a second felony offender. He further alleges in paragraphs 11 (clause [d]) and 13 of the affidavit...

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