PEOPLE EX REL. WALKER v. WILKINS


23 A.D.2d 619 (1965)

The People of the State of New York ex rel. Morrell Walker, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent

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

February 18, 1965


Order unanimously reversed on the law, writ sustained, and relator remanded to the Supreme Court, Kings County, Criminal Term, for resentence of relator and for further proceedings in accordance with the Memorandum.

Memorandum:

The relator is imprisoned as a third felony offender under a 1958 conviction. One of the underlying felonies was his first conviction in 1945. He claims that section 480 of the Code of Criminal Procedure was not complied with when he...

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