PEOPLE EX REL. BUONPANE v. WILKINS


24 A.D.2d 826 (1965)

The People of the State of New York ex rel. Frank Buonpane, 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.

October 21, 1965


Order unanimously affirmed.

Memorandum:

We are compelled to comment on an unusual procedural aspect of this proceeding. In April, 1964 the court by formal decision held that relator should be remanded to the county where he had been convicted for further proceedings because of the failure of the trial court to comply with the provisions of section 335-b of the Code of Criminal Procedure. The order implementing this decision was subsequently amended by a second...

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