Opinion
March 28, 1966
MEMORANDUM BY THE COURT. Appeal from a judgment of the Supreme Court, County of Clinton, dismissing a writ of habeas corpus after a hearing. A transcript of the minutes of the proceedings, submitted by the Attorney-General, conclusively refutes the contention of the relator that he had not received the warning prescribed by section 335-b of the Code of Criminal Procedure. ( People ex rel. McAllister v. McMann, 24 A.D.2d 659.) In any event the relator was not prejudiced by the failure of allocution since he pleaded not guilty upon arraignment and was convicted after a trial. ( People v. Porter, 14 N.Y.2d 785.) Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.