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PEOPLE v. BONANO

11 A.D.2d 384 (1960)

The People of the State of New York, Respondent, v. Juan Bonano, Appellant

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

November 17, 1960.

Attorney(s) appearing for the Case

Otto F. Fusco for appellant.

Bertram R. Gelfand of counsel (Walter E. Dillon with him on the brief; Isidore Dollinger, District Attorney), for respondent.

BREITEL, J. P., McNALLY, STEVENS and BASTOW, JJ., concur in Per Curiam opinion; VALENTE, J., dissents and votes to affirm in opinion.

Per Curiam.

In December, 1958, a multiple count indictment was returned against the defendant. On June 24, 1959 the defendant pleaded guilty to one of the counts — violation of subdivision 1 of section 1751-a of the Penal Law, a misdemeanor. The defendant and his counsel thereupon waived the provisions of section 472 of the Code of Criminal Procedure and defendant was sentenced to an indeterminate term in the...

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