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People v. Saalfield

14 N.Y.2d 915 Court N.Y. Decision date 1964-07-10 English

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p. 915
The People of the State of New York, Respondent, v. John H. Saalfield, Appellant.
Argued June 2, 1964;
decided July 10, 1964.
p. 916
Frank P. Della Posta for appellant.
Michael F. Dillon, District Attorney (Arthur G. Baumeister and Theodore S. Kasler of counsel), for respondent.
p. 917
Judgment reversed and a new trial ordered in the following memorandum: The Justice of the Peace is required, during the course of a trial before him, to keep some record thereof, no matter how informal, so as to insure a proper review on appeal (People v. Giles, 152 N. Y. 136 , 140; People v. Wilkins, 281 N. Y. 224 , 225). This is especially so in a case such as the one at bar, wherein the defendant made a specific request that a record of the proceedings be kept.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

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