People ex rel. Bristol v. La Vallee
New York Court of Appeals
People ex rel. Bristol v. La Vallee, 20 N.Y.2d 685 (N.Y. 1967)
229 N.E.2d 229; 282 N.Y.S.2d 552; 1967 N.Y. LEXIS 1375
People ex rel. Bristol v. La Vallee
Opinion of the Court
Order affirmed. The disposition by this court, reported at 14 N Y 2d 83, provided that the case should be “ restored tó the position it occupied just preceding the point — the taking of the plea — at which the section 335-b warning should have been given. This is accomplished by remanding the defendant to the trial court for rearraignment and repleading ” (pp. 87-88). At the point in time to which this court referred the indictment stood entire without any counts dismissed.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.
Reference
- Full Case Name
- The People of the State of New York ex rel. Robert Allison Bristol v. J. Edwin La Vallee, as Warden of Auburn Prison
- Status
- Published