PEOPLE v. PAGLIACCETTI


31 A.D.2d 150 (1968)

The People of the State of New York, Respondent, v. Raffaele Pagliaccetti, Appellant

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

December 19, 1968.


Attorney(s) appearing for the Case

Michael L. Ingram of counsel (Charles Spar, attorney), for appellant.

David Otis Fuller, Jr., of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

EAGER, J. P., McGIVERN and McNALLY, JJ., concur; TILZER, J., dissents and votes to affirm.


CAPOZZOLI, J.

Appellant contends that he was not accorded the second offender warning required by section 335-c of the Code of Criminal Procedure and that, therefore, his conviction is void.

The record shows that, before the plea of guilty was accepted, the court addressed the defendant as follows: "Now, the record should reflect, Mr. Pagliaccetti, that the Court indicated to your lawyer, in the presence...

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