PEOPLE EX REL. JOHNSON v. FAY


16 A.D.2d 835 (1962)

The People of the State of New York ex rel. Emmett Johnson, 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.

May 28, 1962


Relator, serving a sentence imposed upon him as a multiple offender in 1950, claimed that an earlier indictment to which he pleaded guilty in 1940 was faulty; that the 1940 sentencing court had no jurisdiction because he was deprived of counsel therein; and that the 1940 judgment was invalid because the requirements of section 480 of the Code of Criminal Procedure were omitted by the sentencing court. Order affirmed...

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