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PEOPLE EX REL. DUBINGTON v. LA VALLEE

34 A.D.2d 866 (1970)

The People of the State of New York ex rel. Samuel Dubington, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

May 26, 1970

HERLIHY, P. J.

The defendant was indicted for a violation of the Public Health Law with respect to narcotic drugs, as a felony. At the time (March 23, 1965) the defendant withdrew his plea of not guilty he entered a plea of guilty "to the crime of attempted possession of narcotic drugs as a felony to cover this indictment". Approximately two months thereafter (May 18, 1965) he was brought before the court for sentencing and the court, after carefully...

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