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PEOPLE EX REL. GALLAGHER v. FOLLETTE

22 N.Y.2d 239 (1968)

The People of the State of New York ex rel. John Gallagher, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent. The People of the State of New York ex rel. Charles Butler, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent. The People of the State of New York ex rel. Robert J. Enright, Appellant, v. Vincent R. Mancusi, as Warden of Attica State Prison, Respondent. The People of the State of New York ex rel. Walter Shults, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1968.

Attorney(s) appearing for the Case

Leon B. Polsky and Anthony F. Marra for appellants in the first and second above-entitled proceedings.

Louis J. Lefkowitz, Attorney-General (Michael Jaffe and Samuel A. Hirshowitz of counsel), for respondent in the first and second above-entitled proceedings.

Bruce K. Carpenter for appellant in the third above-entitled proceeding.

Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent in the third above-entitled proceeding.

Thomas M. McDade for appellant in the fourth above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (John G. Proudfit and Samuel A. Hirshowitz of counsel), for respondent in the fourth above-entitled proceeding.

Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.

Chief Judge FULD.

These cases, argued together on appeal, involve the interpretation of former section 335-b (now § 335-c) of the Code of Criminal Procedure, as it read prior to its amendment in 1963. At that time, the statute provided that a warning as to the possible effect of prior convictions upon a defendant's sentence had to be given by the court "upon the arraignment

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