Opinion
Argued January 2, 1968
Decided January 11, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH F. GAGLIARDI, J.
Louis J. Lefkowitz, Attorney-General ( Brenda Soloff, Samuel A. Hirshowitz, Amy Juviler and Albert O. Marston of counsel), for appellant.
Nathan A. Bork for respondent.
Order affirmed. Section 335-b of the Code of Criminal Procedure, prior to its amendment in 1963, required that the court give to defendant the notice therein prescribed before accepting his plea of guilty, even though such notice may have previously been given upon defendant's arraignment. (See, e.g., People ex rel. Manning v. Fay, 16 N.Y.2d 1061.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.