People ex rel. Jackson v. McMann

Appellate Division of the Supreme Court of New York

People ex rel. Jackson v. McMann

25 A.D.2d 692, 268 N.Y.S.2d 277, 1966 N.Y. App. Div. LEXIS 4689

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

DecidedMarch 28, 1966

StatusPublished

This text of 25 A.D.2d 692 (People ex rel. Jackson v. McMann) 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. Jackson v. McMann, 25 A.D.2d 692, 268 N.Y.S.2d 277, 1966 N.Y. App. Div. LEXIS 4689 (N.Y. Ct. App. 1966).

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Opinion

’Memorándum by the Court. Appeal from a judgment of the Supreme Court, County of Clinton, dismissing a writ of habeas corpus after a hearing. A transcript of the minutes of the proceedings, submitted by the Attorney-General, conclusively refutes the contention of the relator that he had not received the warning prescribed by section 335-b of the Code of Criminal Procedure. (People ex rel. McAllister v. McMann, 24 A D 2d 659.) In any event the relator was not prejudiced by the failure of allocution since he pleaded not guilty upon arraignment and was convicted after a trial. (People v. Porter, 14 N Y 2d 785.) Judgment affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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’Memorándum by the Court. Appeal from a judgment of the Supreme Court, County of Clinton, dismissing a writ of habeas corpus after a hearing. A transcript of the minutes of the proceedings, submitted by the Attorney-General, conclusively refutes the contention of the relator that he had not received the warning prescribed by section 335-b of the Code of Criminal Procedure. (People ex rel. McAllister v. McMann, 24 A D 2d 659.) In any event the relator was not prejudiced by the failure of allocution since he pleaded not guilty upon arraignment and was convicted after a trial. (People v. Porter, 14 N Y 2d 785.) Judgment affirmed, without costs.

Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.

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Bluebook (online)

25 A.D.2d 692, 268 N.Y.S.2d 277, 1966 N.Y. App. Div. LEXIS 4689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-jackson-v-mcmann-nyappdiv-1966.