Relator contends that during the trial at which he was convicted in 1940 for the crime of robbery, first degree, he was not present in the courtroom when the jury returned to the courtroom to have certain portions of the testimony in the trial read to them. The presumption of regularity present in such proceedings placed the burden on relator to overcome the presumption and to prove he was, in fact, not present (see People ex rel. Bartlam v. Murphy,
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PEOPLE EX REL. SHAPIRO v. LA VALLEE
18 A.D.2d 950 (1963)
The People of the State of New York ex rel. Gustave Shapiro, 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.https://leagle.com/images/logo.png
February 7, 1963
February 7, 1963
Appellate Division of the Supreme Court of the State of New York, Third Department.
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