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THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES BOFILL, Appellant, v. DANIEL J. McMANN, as Warden of Clinton Prison, Respondent.

REYNOLDS, J.

Appeal from a judgment of the Supreme Court, Clinton County, which denied appellant's petition for a writ of habeas corpus without a hearing. Special Term properly held that even if appellant's allegations were true, "a failure to arraign does not prejudice the rights of an accused who pleads guilty" ( People v. Jordan, 20 A.D.2d 583; People v. Kass, 35 Misc.2d 449, affd. 18 A.D.2d 796), and, accordingly, the petition was properly denied without a hearing (CPLR 7003, subd. [a]). Judgment affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.

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PEOPLE EX REL. BOFILL v. McMANN
(Dec 1, 1969)