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PEO. EX REL. BRIGGS v. MANCUSI

33 A.D.2d 268 (1970)

The People of the State of New York ex rel. Edwin Burdette Briggs, Respondent, v. Vincent R. Mancusi, as Warden of Attica State Prison, Appellant

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

February 12, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph J. Ricotta and Ruth Kessler Toch of counsel), for appellant.

Bruce K. Carpenter, Nathaniel A. Barrell and Robert R. Molic for respondent.

WITMER, GABRIELLI, MOULE and HENRY, JJ., concur.

GOLDMAN, P. J.

The Attorney-General appeals from a judgment of Wyoming County Court which sustained a writ of habeas corpus and remanded relator to the Cattaraugus County Court for further proceedings on his conviction in 1953 of the crime of grand larceny, second degree. The judgment was stayed by this court pending the determination of this appeal. The sole question involved in this appeal is whether it is required to repeat the allocution at the time...

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