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PEOPLE v. DALRYMPLE

12 N.Y.2d 892 (1963)

The People of the State of New York, Respondent, v. Winslow Dalrymple, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1963.

Attorney(s) appearing for the Case

George W. Harder for appellant.

Joseph A. Mogavero, Jr., District Attorney, for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge FULD dissents and votes to reverse and to order a hearing on the ground that, upon the allegations of defendant's petition for coram nobis, a triable issue exists as to whether defendant had intelligently and understandably waived his right to counsel.

Order affirmed...

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