PEOPLE EX REL. MILLER v. FAY


27 A.D.2d 853 (1967)

The People of the State of New York ex rel. Theodore Miller, 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.

March 20, 1967


Judgment reversed, on the law and on the facts, without costs; and writ sustained to the extent that the judgment of conviction rendered by the County Court, Westchester County, on October 31, 1961 is vacated and the criminal case is remitted to said County Court for the purpose of permitting relator (as defendant) to plead de novo to the indictment.

We previously decided in People v. Miller (25 A.D.2d 450 [1966])...

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