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PEOPLE EX REL. COLAN v. LA VALLEE

14 N.Y.2d 83 (1964)

The People of the State of New York ex rel. John Anthony Colan, Respondent, v. J. E. La Vallee, as Warden of Clinton Prison, Appellant. The People of the State of New York ex rel. Robert Allison Bristol, Respondent, v. Robert E. Murphy, as Warden of Auburn Prison, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1964.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Anthony J. Lokot, Paxton Blair and Ruth Kessler Toch of counsel), for appellant in each of the above-entitled proceedings.

Peter J. O'Connor for respondent in the first above-entitled proceeding.

A. Solomon Menter, John A. Van Etten and Gerald A. Goldberg for respondent in the second above-entitled proceeding.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI concur; Judge BERGAN taking no part.

FULD, J.

Section 335-b of the Code of Criminal Procedure, as it read in 1960, required the court to inform the defendant, "upon [his] arraignment * * * and before accepting a plea",1 that, "by reason of the fact that [he] has previously been convicted of a crime", he will be subject to additional or heavier punishment than prescribed for the...

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