People ex rel. Enright v. Mancusi

Appellate Division of the Supreme Court of New York

People ex rel. Enright v. Mancusi

29 A.D.2d 629, 285 N.Y.S.2d 461, 1967 N.Y. App. Div. LEXIS 2841

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 1967

StatusPublished

This text of 29 A.D.2d 629 (People ex rel. Enright v. Mancusi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Enright v. Mancusi, 29 A.D.2d 629, 285 N.Y.S.2d 461, 1967 N.Y. App. Div. LEXIS 2841 (N.Y. Ct. App. 1967).

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Opinion

Order unanimously reversed, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica State Prison. Memorandum: While the warning then prescribed by section 335-b Code of Criminal Procedure was not given to the defendant at the time of his arraignment, no harm or prejudice was occasioned to him since the required warning was given at the time of the court’s acceptance of his plea of guilty. (See People v. Porter, 14 N Y 2d 785; People ex rel. Butler v. Fay, 27 A D 2d 663; People ex rel. Gallagher v. Follette, 27 A D 2d 664.) (Appeal from order of Wyoming County Court, remanding relator to Queens County for further proceedings.) Present — Williams, P. J., Goldman, Henry, Del Vecehio and Marsh, JJ.

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Order unanimously reversed, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica State Prison. Memorandum: While the warning then prescribed by section 335-b Code of Criminal Procedure was not given to the defendant at the time of his arraignment, no harm or prejudice was occasioned to him since the required warning was given at the time of the court’s acceptance of his plea of guilty. (See People v. Porter, 14 N Y 2d 785; People ex rel. Butler v. Fay, 27 A D 2d 663; People ex rel. Gallagher v. Follette, 27 A D 2d 664.) (Appeal from order of Wyoming County Court, remanding relator to Queens County for further proceedings.) Present — Williams, P. J., Goldman, Henry, Del Vecehio and Marsh, JJ.

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Bluebook (online)

29 A.D.2d 629, 285 N.Y.S.2d 461, 1967 N.Y. App. Div. LEXIS 2841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-enright-v-mancusi-nyappdiv-1967.