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PEOPLE EX REL. CUNNEELY v. LA VALLEE

21 A.D.2d 722 (1964)

The People of the State of New York ex rel. Martin Joseph Cunneely, 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.

May 27, 1964

Relator alleges that section 472 of the Code of Criminal Procedure was not complied with at the time of his sentencing on October 29, 1948, following a plea of guilty to the crime of robbery, first degree. The court below denied the writ on the grounds that relator was represented by counsel at his sentencing citing People ex rel. Thierry v. La Vallee (11 A.D.2d 579). The record before the court below, however, does not substantiate...

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