PEOPLE EX REL. EGITTO v. LA VALLEE


17 A.D.2d 870 (1962)

The People of the State of New York ex rel. Frank Egitto, 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.

October 31, 1962


Relator was indicted for robbery, in the first degree, the indictment alleging that he was then armed with a firearm. He and a codefendant appeared with counsel who, on behalf of relator, offered a plea of guilty of "Robbery in the second degree, armed" and immediately, and presumably in relator's presence, offered on behalf of the codefendant a plea of guilty of "Robbery in the third degree, unarmed". (Emphasis in each instance supplied.) The District Attorney...

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