PEOPLE EX REL. CUOMO v. FAY


12 A.D.2d 976 (1961)

The People of the State of New York ex rel. Louis Cuomo, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

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

February 20, 1961


Order affirmed, without costs.

Relator seeks relief from his sentence as a third felony offender, apparently on the ground that on the two prior felony convictions (upon proof of which he was adjudged a third offender and so sentenced) judgment was pronounced without compliance with the provisions of section 480 of the Code of Criminal Procedure. If it be assumed that relator's contention is correct, the order appealed from must nevertheless be affirmed. Relator is...

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