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People ex rel. Purvis v. La Vallee

18 N.Y.2d 753 Court N.Y. Decision date 1966-10-18 English

Judges C oncur: Chief J udge Desmond and J udge s Fuld, VaN Voorhis, Burke, Scileppi, Bergak and Keatikg.

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p. 753
The People of the State of New York ex rel. Edward Purvis, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent.
Argued September 29, 1966;
decided October 18, 1966.
p. 754
Robert F. Doran for appellant.
Louis J. LefJcowits, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.
p. 755
Order affirmed. Appellant who pleaded not guilty and stood trial on the criminal charge was not prejudiced by the failure to notify him at his arraignment pursuant to then section 335-b of the Code of Criminal Procedure (see People v. Porter, 14 N Y 2d 785 ). The refusal of the Appellate Division to assign counsel in that court on the argument of the appeal in this proceeding was erroneous, hut it resulted in no prejudice to relator since he was thereafter in fact represented on the appeal by an attorney.

C oncur: Chief J udge Desmond and J udge s Fuld, VaN Voorhis, Burke, Scileppi, Bergak and Keatikg.

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