PEOPLE EX REL. RUSSO v. FAY


25 A.D.2d 779 (1966)

The People of the State of New York ex rel. Vito Russo, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

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

April 18, 1966


Judgment reversed on the law and the facts; writ sustained; judgment of conviction rendered January 16, 1961 vacated; and action remanded to the County Court, Nassau County, for the purpose of permitting defendant to plead de novo to the indictment.

In our opinion section 335-b of the Code of Criminal Procedure, as it read at the time defendant pleaded guilty and prior to its amendment, effective September 1, 1963, required that the statutory warning therein...

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