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PEOPLE v. BELL

36 A.D.2d 406 (1971)

The People of the State of New York, Respondent, v. Alfonzo Bell, Appellant

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

May 17, 1971.

Attorney(s) appearing for the Case

Milton Adler (Philip L. Weinstein of counsel), for appellant.

Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for respondent.

HOPKINS, MUNDER, MARTUSCELLO and BRENNAN, JJ., concur.

SAMUEL RABIN, P. J.

The question raised by the instant appeal is whether summary reversal of a judgment of conviction, rendered upon a plea of guilty, must be ordered where, after the defendant was resentenced nunc pro tunc, the minutes of the defendant's guilty plea hearing and sentencing hearing cannot be located.

In 1944 the defendant was indicted for the crimes of attempted robbery in the...

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