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People ex rel. Jackson v. McMann

25 A.D.2d 692 Court N.Y. App. Div. Decision date 1966-03-28 English

Judges Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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p. 692
The People of the State of New York ex rel. Andrew James Jackson, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.

’Memorándum by the Court. Appeal from a judgment of the Supreme Court, County of Clinton, dismissing a writ of habeas corpus after a hearing. A transcript of the minutes of the proceedings, submitted by the Attorney-General, conclusively refutes the contention of the relator that he had not received the warning prescribed by section 335-b of the Code of Criminal Procedure. (People ex rel. McAllister v. McMann, 24 A D 2d 659 .) In any event the relator was not prejudiced by the failure of allocution since he pleaded not guilty upon arraignment and was convicted after a trial. (People v. Porter, 14 N Y 2d 785 .) Judgment affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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