PEOPLE v. DE FIORE


21 A.D.2d 900 (1964)

The People of the State of New York, Respondent, v. Paul De Fiore, Appellant

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

July 9, 1964


Judgment affirmed.

While there was some confusion on sentence, the defendant and his counsel intentionally or unintentionally contributed to such confusion by knowingly making a misrepresentation as to the time to be served by the defendant. Under all the circumstances, there was no prejudice to any substantial right of the defendant.

Brennan and Rabin, JJ., dissent and vote to reverse the judgment and to remand the defendant for rearraignment, with the following...

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