PEOPLE EX REL. DE BERRY v. McMANN


24 A.D.2d 916 (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.

November 22, 1965


Motion granted to the extent of amending the remittitur to recite the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: appellant argued that the failure to give the warning then prescribed by section 335-b of the Code of Criminal Procedure at the time of his arraignment constituted a violation of the Fifth, Sixth and Fourteenth Amendments to the Constitution. In affirming the dismissal...

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