New York Court of Appeals, 1964

People v. Porter

New York Court of Appeals · Decided June 4, 1964

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

Cases that cite this one

1 later published case cites this decision.

United States Ex Rel. William Deberry v. Hon. Harold W. Follette, as Warden of Greenhaven State Prison, Stormville, New York (2d Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.