People v. Ludwig — 16 N.Y.2d 1062

Majority

p. 1062

The People of the State of New York, Respondent, v. Harry Lewis Ludwig, Appellant.

Argued October 19, 1965;

decided December 1, 1965.

p. 1063

Gretchen White Oberman and Anthony F. Marra for appellant.

Franh D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Order reversed upon the dissenting opinion at the Appellate Division and matter remitted to the Supreme Court, Queens County, for a further hearing to determine whether defendant, because of indigence, was prevented from perfecting his appeal from the judgment of conviction. We pass upon no other question.

Concur: Chief Judge Desmond and Judges Fuud, Burke and Bergak. Judges Dye, Van Voorhis and Scileppi dissent and vote to affirm.