PEOPLE v. MOHNEY


24 A.D.2d 1071 (1965)

The People of the State of New York, Respondent, v. Harry C. Mohney, Appellant

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

December 2, 1965


Judgment insofar as it resentences defendant unanimously reversed, resentence vacated, and matter remitted to Chautauqua County Court for further proceedings on resentence in accordance with the Memorandum.

Memorandum:

After the Clerk asked the question mandated by section 480 of the Code of Criminal Procedure, appellant's attorney said: "You will have to answer no.", whereupon appellant gave that answer. In the light of the attorney's statement this was an...

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