PEOPLE EX REL. DE BERRY v. McMANN


24 A.D.2d 661 (1965)

The People of the State of New York ex rel. William De Berry, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

July 8, 1965


AULISI, J.

The record fails to indicate that relator was prejudiced in any manner by the absence of his counsel at his arraignment, the court entering a plea of not guilty on his behalf (People v. Tyson, 15 N.Y.2d 866); or by the court's failure to give him the warning prescribed by section 335-b of the Code of Criminal Procedure, inasmuch as he did not then or thereafter plead guilty (People v. Porter

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