Majority
p. 685The People of the State of New York ex rel. Robert Allison Bristol, Appellant, v. J. Edwin La Vallee, as Warden of Auburn Prison, Respondent. Argued May 29, 1967; decided June 15, 1967.
p. 686
Arthur C. Muhlstock for appellant.
Louis J. Lefkowitz, Attorney-General (Joseph J. Rose and Ruth Kessler Toch of counsel), for respondent.
Order affirmed. The disposition by this court, reported at 14 N Y 2d 83 , provided that the case should be “ restored tó the position it occupied just preceding the point — the taking of the plea — at which the section 335-b warning should have been given. This is accomplished by remanding the defendant to the trial court for rearraignment and repleading ” (pp. 87-88). At the point in time to which this court referred the indictment stood entire without any counts dismissed.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.
Cases cited
- People ex rel. Colan v. La Vallee 14 N Y 2d 83 p. 686