PEOPLE EX REL. SIMMONS v. LA VALLEE


9 A.D.2d 964 (1959)

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

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

December 10, 1959


The relator contends that at the time of his entering a plea to assault, second degree and sentencing on November 14, 1950, the court was not properly in session and therefore lacked jurisdiction. The relator was indicted by the Cayuga County Grand Jury for assault, second degree and he was originally arraigned on October 24, 1950, advised of his right to counsel and at his request an adjournment granted until November 3. On that...

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