People ex rel. Holland v. O'Hara

In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Nassau County, entered December 22, 1960 after a hearing, which dismissed the writ and remanded him to the custody of respondent. Order affirmed. The contention advanced by relator that the court on resentenee on May 22, 1953 failed to comply with section 480 of the Code of Criminal Procedure is contrary to the record. While compliance with section 480 is mandatory and the failure to do so entitles a defendant to relief in a habeas corpus proceeding (People ex rel. Miller v. Man-tin, 1 N Y 2d 406; People ex…