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PEOPLE EX REL. DI BARI v. FAY

18 A.D.2d 999 (1963)

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

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

March 4, 1963

Order affirmed.

Relator claims that when he was sentenced on February 20, 1961, after he had pleaded guilty to a reduced charge, he was not asked if he had any cause to show why judgment should not be pronounced against him, as required by section 480 of the Code of Criminal Procedure. At that time the court pronounced judgment, after denying relator's motion to withdraw his plea of guilty. The minutes show that the question...

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