PEOPLE EX REL. ROSANO v. FAY


6 A.D.2d 695 (1958)

The People of the State of New York ex rel. Alfred Rosano, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1958


Order unanimously affirmed, without costs.

Appellant attacked a 1928 judgment convicting him, on his plea of guilty, of robbery in the first degree on the ground that, when he appeared for judgment, he was not asked whether he had legal cause to show why judgment should not be pronounced against him (Code Crim. Pro., § 480). The documentary evidence submitted on the return of the writ, together with the presumption of regularity, shows that the question was asked...

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