The ground of the application was that appellant was not represented by counsel, and advised of his right to counsel, when he was arraigned and pleaded guilty on the 5th day of January, 1939. He concedes that he was represented by counsel when sentence was imposed on January 9, 1939. The County Clerk's minutes on file in the Broome County Clerk's office show the following: "The People vs. George R. Winters. Indictment No. 472. Grand Larceny, 2nd degree. Filed Jan. 4, 1939...
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