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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE D'AULA, Appellant.

The motion was made on the ground that the court acted without jurisdiction when it accepted the plea, in that the plea was to a lesser degree of crime than charged in the indictment and it was accepted over the protest of the District Attorney and without submission by the District Attorney of a written statement of reasons for acceptance of such plea, and without the filing of such statement (see Code Crim. Pro., § 342-a). Order affirmed. No opinion. Nolan, P.J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.

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PEOPLE v. D'AULA
(Oct 3, 1955)