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PEOPLE STATE NEW YORK EX REL. JAMES BOFILL v. DANIEL J. MCMANN (12/01/69)

December 1, 1969

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES BOFILL, APPELLANT,
v.
DANIEL J. MCMANN, AS WARDEN OF CLINTON PRISON, RESPONDENT



Reynolds, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

Author: Reynolds

Appeal from a judgment of the Supreme Court, Clinton County, which denied appellant's petition for a writ of habeas corpus without a hearing. Special Term properly held that even if appellant's allegations were true, "a failure to arraign does not prejudice the rights of an accused who pleads guilty" (People v. Jordan, 20 A.D.2d 583; People v. Kass, 35 Misc. 2d 449, affd. 18 A.D.2d 796), and, accordingly, the petition was properly denied without a hearing (CPLR 7003, subd. [a]).

Disposition

Judgment affirmed, without costs.

19691201

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