PEOPLE EX REL. BERRIOS v. MURPHY


31 Misc.2d 966 (1961)

The People of the State of New York ex rel. Evaristo Berrios, Relator, v. Robert E. Murphy, as Warden of Auburn State Prison, Respondent.

Supreme Court, Special and Trial Term, Cayuga County.

November 21, 1961


Attorney(s) appearing for the Case

Evaristo Berrios, relator in person. Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., of counsel), for respondent.


DANIEL E. MACKEN, J.

Upon the hearing of this proceeding, based primarily upon relator's contention that the sentencing Judge failed to comply with the provisions of section 480 of the Code of Criminal Procedure, a question arose as to whether the statutory period of time elapsed between relator's plea of guilty and the imposition of sentence. Certified copies of the reporter's transcript of the minutes of the proceedings upon relator's plea of guilty...

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