Majority
p. 1015The People of the State of New York ex rel. Richard Henry Welch, Appellant, v. Walter M. Wallack, as Warden of Wallkill State Prison, Respondent. Argued April 8, 1968; decided April 18, 1968.
p. 1016
Howard C. St. John for appellant.
Louis J. Lefkowitz, Attorney-General (Karl E. Nisoff and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, without costs; no opinion.
p. 1017
Concur: Judges Scileppi, Bergan, Keating, Bkeitel and Jasen. Chief Judge Fuld and Judge Burke dissent and vote to reverse on the ground that the Trial Judge erred in not inquiring as to the facts hearing on the commission of the crime (to which relator herein pleaded guilty) before accepting such plea of guilt (see People v. Serrano, 15 N Y 2d 304 ).
Cases cited
- People v. Serrano 15 N Y 2d 304 p. 1017