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MATTER OF HUBBELL v. MACDUFF

2 N.Y.2d 563 (1957)

In the Matter of Allen W. Hubbell, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Philip J. Fitzgerald and James O. Moore, Jr., of counsel), for appellant.

Paul Scalzo for respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

FULD, J.

In Matter of Astman v. Kelly (2 N.Y.2d 567), also decided today, we considered an amendment made in 1940 to section 335-a of the Code of Criminal Procedure. In the present case, we are called upon to construe a further amendment of that section, one enacted in 1953.

Allen Hubbell, following a plea of guilty in each instance, was convicted of three separate...

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