PEOPLE EX REL. PECK v. LA VALLEE


8 A.D.2d 906 (1959)

The People of the State of New York ex rel. Lawrence Peck, Respondent, v. J. Edwin La Vallee, as Warden of Clinton Prison, Appellant

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

June 9, 1959


It is his contention that there was a failure to comply with section 472 of the Code of Criminal Procedure by failure to delay sentence for a period of two days. It is apparently his contention that the requirement of section 472 may not be waived. The record clearly shows that relator, while represented by able counsel who was personally present, expressly waived any delay in sentence. Such a waiver is expressly permitted by section 472, which ends with these words: "but...

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