Opinion
October 30, 1967
Judgment of the Supreme Court, Dutchess County, dated July 15, 1966, affirmed, without costs. Where the statutory warning required by section 335-b of the Code of Criminal Procedure was given before acceptance of the guilty plea, mere failure to have given the warning at an earlier arraignment is not ground for the relief sought herein ( People ex rel. Gallagher v. Follette, 27 A.D.2d 664; People ex rel. Butler v. Fay, 27 A.D.2d 663). Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P.J., and Hopkins, J. dissent and vote to reverse the judgment and remand relator to the County Court, Dutchess County, for rearraignment and repleading, on the basis of their dissent in People ex rel. Gallagher v. Follette ( 27 A.D.2d 664) and People ex rel. Butler v. Fay ( 27 A.D.2d 663).