PEOPLE EX REL. BUTLER v. FAY


27 A.D.2d 663 (1967)

The People of the State of New York ex rel. Charles Butler, 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.

January 16, 1967


Affirmed, without costs.

The judgment inter alia dismissed a writ of habeas corpus. On January 24, 1961, appellant was arraigned in the former County Court, Bronx County, on an indictment charging him with robbery and assault, both in the first degree. He was represented by counsel and entered a plea of not guilty. The court failed to give the warning required by section 335-b of the Code of Criminal Procedure as then in effect. Thereafter, on July 11, 1961...

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