PEOPLE EX REL. NOWORYTA v. LA VALLEE


13 A.D.2d 869 (1961)

The People of the State of New York ex rel. Arthur S. Noworyta, 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.

May 23, 1961


On May 29, 1952 the relator plead guilty to the crime of robbery, first degree. An information was thereafter filed charging him with the prior conviction of a felony in the State of Illinois. On June 12, 1952 while represented by counsel the relator was sentenced by the Erie County Court to from 15 to 30 years. The basis of the relator's application is that the court failed to comply with the provisions of section 1943 of the Penal Law in failing to advise him of his right...

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