People v. Bellavia — 13 N.Y.2d 706

Majority

p. 706

The People of the State of New York, Appellant, v. Carl Bellavia, Respondent.

Argued May 6, 1963;

decided May 29, 1963.

p. 707

Carman F. Ball, District Attorney (John M. Freysiak ot counsel), for appellant.

Vincent E. Doyle, Jr., for respondent.

Order affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Scileppi dissents and votes to reverse and to affirm the conviction upon the ground that there was no requirement to comply with the provisions of section 699 of the Code of Criminal Procedure, when defendant appeared before the clerk and paid the fine.