People v. Diaz — 16 N.Y.2d 625

Majority

p. 625

The People of the State of New York, Respondent, v. Joe Diaz, Appellant.

Argued May 17, 1965;

decided May 27, 1965.

Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for respondent.

Judgment affirmed. The requirement of subdivision (1) of section 40 of the New York City Criminal Court Act that a defendant be advised of his right to trial before a three-Judge court is not applicable when a defendant represented by counsel pleads guilty. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Soileppi and Bergan.