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People ex rel. Manning v. Fay

16 N.Y.2d 1061 Court N.Y. Decision date 1965-12-01 English

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p. 1061
The People of the State of New York ex rel. Donald Manning, Appellant, v. Edward M. Fay, as Warden of Green Haven State Prison, Respondent.
Submitted October 28, 1965;
decided December 1, 1965.
p. 1062
Donald Manning, appellant pro se.
Louis J. Lefkowitz, Attorney-General (Frederick E. Weeks, Jr., of counsel), for respondent.

Order reversed and the criminal case remitted to the Nassau County Court for further proceedings upon relator’s plea of guilty in accordance with section 335-b of the Code of Criminal Procedure. (See People ex rel. Colan v. La Vallee, 14 N Y 2d 83 , 86, 87; cf. People ex rel. Miller v. Martin, 1 N Y 2d 406 .)

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Bergan. Judge Scileppi dissents and votes to affirm upon the ground that section 335-b of the Code of Criminal Procedure was complied with as it read before it was amended in 1963.

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