PEOPLE v. HASKELL


9 N.Y.2d 729 (1961)

The People of the State of New York, Respondent, v. Frank Haskell, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.


Attorney(s) appearing for the Case

Frank P. Della Posta for appellant.

Edwin G. O'Connor, District Attorney (George W. Holt of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Per Curiam.

We find the information sufficient; however, the failure of the court to inform the defendant of his rights under section 58 of the Code of Criminal Procedure requires reversal. The requirements of the section are mandatory and not merely directory, and are not waived by defendant's plea of guilty.

The judgment should be reversed and the case remitted to the trial court for further proceedings.<...

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