PEOPLE EX REL. SMITH v. LA VALLEE


12 A.D.2d 569 (1960)

The People of the State of New York ex rel. Frederick L. Smith, 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.

November 4, 1960


The relator sought to be resentenced as a first offender contending that at the time of his sentence in 1934 the court failed to comply with section 480 of the Code of Criminal Procedure in not asking him if there was any legal cause why sentence should not be pronounced against him. There is submitted a certified copy of the statement taken prior to sentencing on January 12, 1934 in the Kings County Court which after setting forth various answers to questions contained therein...

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