People v. Porter

New York Court of Appeals

People v. Porter

199 N.E.2d 845, 14 N.Y.2d 785, 250 N.Y.S.2d 813, 1964 N.Y. LEXIS 1086

CourtNew York Court of Appeals

DecidedJune 4, 1964

StatusPublished

Cited by1 cases

This text of 199 N.E.2d 845 (People v. Porter) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Porter, 199 N.E.2d 845, 14 N.Y.2d 785, 250 N.Y.S.2d 813, 1964 N.Y. LEXIS 1086 (N.Y. 1964).

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Opinion

Judgment affirmed in the following memorandum: The warning then prescribed by section 335-b of the Code of Criminal Procedure was not given to defendant at the time of his arraignment. However, since he pleaded not guilty and stood trial, no harm or prejudice was occasioned to defendant (see Matter of Astman v. Kelly, 2 N Y 2d 567). A materially different case is presented when a defendant pleads guilty (see People ex rel. Colan v. La Vallee, 14 N Y 2d 83), All other contentions advanced by defendant have been considered and rejected.

Concur: Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Chief Judge Desmond and Judge Bergan.

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Judgment affirmed in the following memorandum: The warning then prescribed by section 335-b of the Code of Criminal Procedure was not given to defendant at the time of his arraignment. However, since he pleaded not guilty and stood trial, no harm or prejudice was occasioned to defendant (see Matter of Astman v. Kelly, 2 N Y 2d 567). A materially different case is presented when a defendant pleads guilty (see People ex rel. Colan v. La Vallee, 14 N Y 2d 83), All other contentions advanced by defendant have been considered and rejected.

Concur: Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Chief Judge Desmond and Judge Bergan.

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Bluebook (online)

199 N.E.2d 845, 14 N.Y.2d 785, 250 N.Y.S.2d 813, 1964 N.Y. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-porter-ny-1964.

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