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PEOPLE STATE NEW YORK EX REL. RICHARD HENRY WELCH v. WALTER M. WALLACK (04/18/68)

COURT OF APPEALS OF NEW YORK 1968.NY.41322 <http://www.versuslaw.com>; 238 N.E.2d 333; 21 N.Y.2d 1015 decided: April 18, 1968. THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD HENRY WELCH, APPELLANT,v.WALTER M. WALLACK, AS WARDEN OF WALLKILL STATE PRISON, RESPONDENT People ex rel. Welch v. Wallack, 27 A.D.2d 873, affirmed. Howard C. St. John for appellant. Louis J. Lefkowitz, Attorney-General (Karl E. Nisoff and Ruth Kessler Toch of counsel), for respondent. Concur: Judges Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld and Judge Burke dissent.


People ex rel. Welch v. Wallack, Concur: Judges Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld and Judge Burke dissent.

 Order affirmed, without costs; no opinion. Chief Judge Fuld and Judge Burke dissent and vote to reverse on the ground that the Trial Judge erred in not inquiring as to the facts bearing on the commission of the crime (to which relator herein pleaded guilty) before accepting such plea of guilt (see People v. Serrano, 15 N.Y.2d 304).

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