PEOPLE EX REL. BESTER v. JOHNSTON


9 A.D.2d 827 (1959)

The People of the State of New York ex rel. John Bester, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent

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

November 13, 1959


Appellant was sentenced to life imprisonment, upon the recommendation of a jury, by the Court of General Sessions, County of New York, following a conviction of murder in the first degree. Appellant contends that he should have been asked the question required by section 480 of the Code of Criminal Procedure in the precise language of the statute. The record shows that the defendant was asked in the presence of his counsel, the following question on two occasions at the time...

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