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14 N.Y.2d 785

People v. Porter

New York Court of Appeals

Decided June 4, 1964

New York Court of Appeals · decided 1964-06-04

Cited by 2 later decisions — most recently May 1968

Good law ✅— No negative treatment on recordhow we know

Decided 1964-06-04

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¶1Judgment 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.

¶2Concur: Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Chief Judge Desmond and Judge Bergan.

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