PEOPLE EX REL. KOVALESKI v. McMANN


30 A.D.2d 721 (1968)

The People of the State of New York ex rel. John Kovaleski, Appellant, v. Daniel J. McMann, as Warden of Clinton Prison, Respondent

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

June 27, 1968


HERLIHY, J.

The appellant contended that his original sentence had been improperly modified in that he was not before the court at the time of modification (Code Crim. Pro., § 473). Upon this appeal the respondent has submitted a certified copy of the minutes of the resentencing. These minutes show that the appellant and his counsel were before the court at that time and further, that there was no denial of any of the appellant's rights. However...

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