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PEOPLE v. PERSICO

45 Misc.2d 421 (1965)

The People of the State of New York, Plaintiff, v. Alphonse Persico, Defendant.

Supreme Court, Criminal Term, Kings County.

January 25, 1965

Attorney(s) appearing for the Case

Alphonse Persico, defendant in person. Aaron E. Koota, District Attorney (William I. Siegel of counsel), for plaintiff.

NATHAN R. SOBEL, J.

This petitioner Alphonse Persico contends that the failure of this court to "appoint a time for pronouncing judgment" pursuant to section 471 of the Code of Criminal Procedure violated a substantial right now available to him via collateral attack on the judgment which followed. This issue is yet to be flatly decided by an appellate court.

Persico interrupted a trial of several days...

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