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PEOPLE EX REL. BROWN v. LA VALLEE

13 A.D.2d 556 (1961)

The People of the State of New York ex rel. Lewis Gelac Brown, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, et al., Respondents

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

March 9, 1961

Relator was convicted of assault in the first degree upon his plea of guilty and was sentenced as a second offender to an indeterminate term of 5 to 10 years on March 17, 1958. His contention is that the court should not have permitted him to waive the two-day waiting period provided for by section 472 of the Code of Criminal Procedure, and that the court did not consult a probation report in accordance with section 482 of the Code of Criminal Procedure before pronouncing...

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