PEOPLE EX REL. ZINDULKA v. McMANN


8 A.D.2d 646 (1959)

The People of the State of New York ex rel. Stanley Zindulka, Appellant, v. Daniel McMann, as Acting Warden of Clinton Prison, Respondent

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

April 23, 1959


Relator contends that the proceedings in the Queens County Court on June 3, 1954 in pursuance of section 1943 of the Penal Law, by which he admitted his identity as having been previously convicted of a felony were defective and the sentence imposed thereupon invalid. The defect is based on a contention that the court did not advise him of a right to a jury trial on the question of identity; or that a prior felony conviction would serve to increase the punishment imposed...

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