People ex rel. Chapman v. Fay

• Decision Date: 14 March 1966
• Parties: The PEOPLE, etc., ex rel. Philip CHAPMAN, Relator-Appellant, v. Edward M. FAY, Warden, Green Haven Prison, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 196

268 N.Y.S.2d 196

25 A.D.2d 665

The PEOPLE, etc., ex rel. Philip CHAPMAN, Relator-Appellant, v. Edward M. FAY, Warden, Green Haven Prison, Respondent.

Supreme Court, Appellate Division, Second Department.

March 14, 1966.

Anthony F. Marra, New York City, for appellant; Lois P. Sheinfeld, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent; Frederick E. Weeks, Jr., Albany, of counsel.

Before UGHETTA, Acting P.J., and CHRIST, BRENNAN, HILL and HOPKINS, JJ.

MEMORANDUM BY THE COURT.

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, entered November 24, 1964, which dismissed the writ and remanded him to the custody of respondent. Relator contends that his conviction as a prior felony offender in 1963 was illegal because section 480 of the Code of Criminal Procedure was not complied with when he was sentenced on a 1953 felony conviction.

Judgment affirmed, without costs.

The record establishes that section 480 was duly complied with at the sentencing in 1953 when the statutory inquiry was addressed to the relator and his attorney responded on his behalf in his presence (People ex rel. Kaminsky v. Silberglitt, 30 Misc.2d 813, 224 N.Y.S.2d 32, affd. 15 A.D.2d 751, 224 N.Y.S.2d 271, stay denied 11 N.Y.2d 798; People v. Kadin, 23 A.D.2d 699, 258 N.Y.S.2d 218).