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MATTER OF BENTLEY v. MACDUFF

205 Misc. 454 (1954)

In the Matter of Clyde F. Bentley, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

March 8, 1954.

Attorney(s) appearing for the Case

William B. Lee, Jr., for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Philip J. Fitzgerald of counsel), for respondent.

BOOKSTEIN, J.

The 1953 amendment of section 335-a of the Code of Criminal Procedure, in my opinion, was to express a clear legislative intention, to establish a uniform warning to be given in all cases, involving a charge of violating the Vehicle and Traffic Law. The enactment was for the express purpose of overcoming the decisions by the courts under the section as it existed prior to that amendment. See memorandum...

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