People ex rel. Bofill v. McMann

Decision Date01 December 1969
PartiesThe PEOPLE of the State of New York ex rel. James BOFILL, Appellant, v. Daniel J. McMANN, as Warden of Clinton Prison, Respondent.
CourtNew York Supreme Court — Appellate Division

J. Paul Troue, Troy, for appellant.

Louis J. Lefkowitz, Atty. Gen., James L. Kalteux, Asst. Atty. Gen., for respondent.

Before HERLIHY, P.J., and REYNOLDS, STALEY, GREENBLOTT and COOKE, JJ.

REYNOLDS, Justice.

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 property held that even if appellant's allegations were true, 'a failure to arraign does not tend to prejudice the rights of a defendant who pleads guilty' (People v. Jordan, 20 A.D.2d 583, 245 N.Y.S.2d 185; People v. Kass, 35 Misc.2d 449, 229 N.Y.S.2d 81, affd. 18 A.D.2d 796, 236 N.Y.S.2d 1021), and, accordingly, the petition was properly denied without a hearing (CPLR 7003, subd. (a)).

Judgment affirmed, without costs.

HERLIHY, P.J., and STALEY, GREENBLOTT and COOKE, JJ., concur.

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