PEOPLE EX REL. SPINNEY v. FAY


18 A.D.2d 722 (1962)

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

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

December 26, 1962


Order dated March 14, 1962 affirmed.

Relator's application was based upon the claim that there was no compliance with section 480 of the Code of Criminal Procedure at the time of his sentence. In support of that contention, he submitted a transcript of the stenographic minutes of the sentencing, which contain no affirmative showing of the allocution required by section 480. It also appears, however, that at the time of sentencing relator was represented by retained...

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