PEOPLE EX REL. WITHRIDGE v. McMANN


33 A.D.2d 1103 (1970)

The People of the State of New York ex rel. Edward Withridge, Appellant, v. Daniel McMann, as Warden of Auburn Prison, Respondent

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

February 19, 1970


Judgment unanimously reversed on the law, writ sustained, and relator remanded to the custody of the Sheriff of Dutchess County for resentence in Dutchess County Court after compliance with section 480 of the Code of Criminal Procedure.

Memorandum:

The question addressed to the defendant by the court immediately following a plea for leniency by defendant's attorney, "Is there anything you want to say to me, Mr. Withridge, before I sentence you?" did not constitute...

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