PEOPLE EX REL. RYAN v. SMITH


50 A.D.2d 1078 (1975)

The People of the State of New York ex rel. Michael Ryan, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

December 12, 1975


Judgment unanimously reversed and writ dismissed.

Memorandum:

The record shows that at the time of pleading and again at the time of sentencing, defendant was informed that he had been previously subjected to a predicate felony conviction and now faced a sentence of up to four years. Defendant voluntarily admitted his prior felony and understood that the court had to send him to jail on his plea to the second felony. He thereby waived not only his privilege...

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