PEOPLE v. MULLIGAN


24 N.Y.2d 948 (1969)

The People of the State of New York, Respondent, v. Robert J. Mulligan, Appellant.

Court of Appeals of the State of New York.

Decided May 15, 1969.


Attorney(s) appearing for the Case

John E. Murray and Louis J. Casella for appellant.

Stephen Smyk, District Attorney (Stephen E. Powers of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and JASEN concur in Per Curiam; Judge SCILEPPI dissents and votes to affirm (see People v. Ryder, , affd. ); Judge KEATING taking no part.


Per Curiam.

The order of the Appellate Division, Third Department, should be reversed and a hearing conducted to consider the defendant's contention that his constitutional rights were violated at the time of his conviction in 1947. Defendant contends that his constitutional rights were violated in that he did not knowingly and intentionally waive his right to counsel at the time he pleaded guilty and that he was not properly informed of his right to have an...

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