PEOPLE EX REL. EIDENMUELLER v. FOLLETTE


26 A.D.2d 833 (1966)

The People of the State of New York ex rel. Phillipp Eidenmueller, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

October 24, 1966


Judgment affirmed, without costs.

Relator was not given the warning prescribed by section 335-b of the Code of Criminal Procedure upon his arraignment, whereon he pleaded not guilty to robbery in the first degree and other crimes. After a jury trial, he was found guilty as charged and sentenced as a second felony offender. While his appeal from the judgment of conviction was pending, he commenced the instant proceeding, based upon the failure to give him the statutory...

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