Opinion
July 10, 1967
Judgment of the Supreme Court, Dutchess County, dated September 23, 1964, dismissing writ of habeas corpus, affirmed, without costs. The statutory warning required by section 335-b of the Code of Criminal Procedure sufficiently complied with the requirement of the statute that it be given before acceptance of a plea, and the fact that it may not have been given on arraignment is immaterial ( People ex rel. Butler v. Fay, 27 A.D.2d 663; People ex rel. Gallagher v. Follette, 27 A.D.2d 664). Neither was the warning insufficient because it was addressed both to relator and a codefendant. The record sufficiently establishes that the warning was thoroughly understood by both. Rabin, Acting P.J., Hopkins, Benjamin, Munder and Nolan, JJ., concur.