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PEOPLE v. MALLAY

14 A.D.2d 761 (1961)

The People of the State of New York, Respondent, v. Donald Mallay, Appellant

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

October 24, 1961

Judgment of conviction unanimously reversed on the law and on the facts and matter remanded to the Court of Special Sessions for a new trial.

It is conceded that defendant was not advised of his right to be tried by a court of three Judges as required by section 131 of the New York City Criminal Courts Act. The effect of such failure to advise is to deprive the court of jurisdiction and render the proceedings of no force and effect (People v. Mappa,

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