Fredette v. Kelly
New York Supreme Court
1Opinion of the CourtJ. Clarence Herlihy, J.
This matter was brought on by way of motion and after examining the papers of the respective parties, the court directed that a hearing be held, which took place in the city of Glens Falls on September 6, 1956.
The court at the time of the hearing after listening to the proof concerning the arrest and plea in the town of Stillwater found that it was a valid arrest and conviction.
With reference to the hearings held before Judge Huggins, the first one on or about June 6, 1955 and the second on February 11, 1956, the court finds that there was not a proper compliance with section 335-a of the…