People v. West

Appeal, by permission, from an order of the County Court, Albany County, entered May 15, 1972, which denied, without a hearing, defendant’s motion to vacate a judgment of conviction. In October of 1959, defendant was sentenced by the Albany County Court as a multiple felony offender on the basis of a prior 1953 felony conviction in New Mexico. In the instant proceeding, defendant seeks to challenge the New Mexico conviction on the ground that he was not advised at any stage of the proceedings against him in that State of his right to counsel. In opposition to defendant’s assertion, the…