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PEOPLE v. IRIZARRY

32 A.D.2d 967 (1969)

The People of the State of New York, Respondent, v. Michael Irizarry, Appellant

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

July 14, 1969

Order affirmed.

The dissenting memorandum herein, which contains the relevant facts, concludes that People v. Ramos (30 A.D.2d 848) is controlling. In our view, the Ramos case is distinguishable in that upon the defendant's acceptance of the plea therein the court specifically instructed the defendant that should he attempt to disturb the plea or the conviction thereon within 31 days after sentence, by appeal or otherwise...

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