PEOPLE EX REL. HOLLAND v. O'HARA


19 A.D.2d 642 (1963)

The People of the State of New York ex rel. John W. Holland, Appellant, v. Edward J. O'Hara, as Warden of Nassau County Jail, Respondent

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

June 17, 1963


Order affirmed.

The contention advanced by relator that the court on resentence on May 22, 1953 failed to comply with section 480 of the Code of Criminal Procedure is contrary to the record. While compliance with section 480 is mandatory and the failure to do so entitles a defendant to relief in a habeas corpus proceeding (People ex rel. Miller v. Martin, 1 N.Y.2d 406; People ex rel. Emanuel v. McMann,

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