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PEOPLE EX REL. JACKSON v. McMANN

25 A.D.2d 692 (1966)

The People of the State of New York ex rel. Andrew James Jackson, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

March 28, 1966

MEMORANDUM BY THE COURT.

A transcript of the minutes of the proceedings, submitted by the Attorney-General, conclusively refutes the contention of the relator that he had not received the warning prescribed by section 335-b of the Code of Criminal Procedure. (People ex rel. McAllister v. McMann, 24 A.D.2d 659.) In any event the relator was not prejudiced by the failure of allocution since he pleaded not guilty upon arraignment...

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