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PEOPLE v. PITTENGER

32 N.Y.2d 711 (1973)

The People of the State of New York, Respondent, v. John C. Pittenger, Appellant.

Court of Appeals of the State of New York.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Benjamin Heinrich, William E. Hellerstein and Robert Kasanof for appellant.

Thomas J. Mackell, District Attorney (Martin L. Bracken of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

Order affirmed in the following memorandum: Failure to warn a defendant that he may be sentenced as a multiple offender if he has a prior conviction, although directed by section 335-b (subsequently 335-c) of the former Code of Criminal Procedure, does not require reversal where no prejudice is shown (People ex rel. Gallagher v. Follette, 22 N.Y.2d 239, 244-245; People ex rel. Purvis...

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