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PEOPLE EX REL. MASSEY v. FOLLETTE

31 N.Y.2d 745 (1972)

The People of the State of New York ex rel. Arthur Massey, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Warren S. Agatston for appellant.

Louis J. Lefkowitz, Attorney-General (Iris A. Steel and Samuel A. Hirshowitz of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge GIBSON, for the reasons stated in the dissenting opinion at the Appellate Division, dissent and vote to reverse and reinstate the matter for a hearing to determine relator's understanding of the effect of the Code of Criminal Procedure (§ 335-c) warning by the County Court Judge.

Order affirmed, without costs...

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