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PEOPLE EX REL. JOHNSON v. LA VALLEE

18 N.Y.2d 911 (1966)

The People of the State of New York ex rel. Edward Johnson, Appellant, v. J. Edwin La Vallee, as Warden of Auburn Prison, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1966.

Attorney(s) appearing for the Case

Walter A. Stein for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order reversed and proceeding remitted to the County Court, Cayuga County, for further proceedings in accordance with the following memorandum: Order reversed and proceeding remitted to the court at Special Term for a hearing at which there shall be determined as a fact the relator's comprehension of the admonition given to him by the court at the time of entry of the plea of guilty to robbery, third degree. The court first advised relator that the crime to which he was pleading...

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