Does a court's failure to give a defendant the warning required by section 335-b of the New York State Penal Code render the conviction void and subject to collateral attack?

"New York", United States of America

The following excerpt is from People ex rel. Colan v. La Vallee, 14 N.Y.2d 83, 198 N.E.2d 240, 248 N.Y.S.2d 853 (N.Y. 1964):

We have already held that the court's failure to give a defendant charged with a violation of the traffic laws the warning [14 N.Y.2d 87] required by section 335-a of the code renders the conviction, entered upon a plea of guilty, void and subject to collateral attack. (See Matter of Hubbell v. Macduff, 2 N.Y.2d 563, 161 N.Y.S.2d 857, 141 N.E.2d 897.) This being so, it follows that noncompliance with the requirements of section 335-b, patterned after section 335-a and designed to operate in a far more serious area, must likewise render the conviction void and amenable to collateral attack by way of habeas corpus.

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