PEOPLE EX REL. THOMPSON v. MANCUSI


33 A.D.2d 643 (1969)

The People of the State of New York ex rel. Robert Sherman Thompson, Appellant, v. Vincent R. Mancusi, Warden, Respondent

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

October 23, 1969


Judgment unanimously affirmed.

Memorandum:

We agree with County Court that the preferred method of litigating the issue here presented — as to whether or not appellant had counsel at the time of his prior conviction in a foreign State — is by motion to resentence (cf. People v. Jones, 17 N.Y.2d 404; People v. Cornish, 21 A.D.2d 280, 283). No persuasive reason...

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