Majority
p. 987The People of the State of New York, Respondent, v. Ernest Thompson, Also Known as Clarence Thompson, Appellant. Argued May 22, 1967; decided June 1, 1967.
p. 988
William E. Hellerstein and Anthony E. Marra for appellant.
Aaron E. Koota, District Attorney (William I. Siegel of counsel), for respondent.
Order reversed and proceedings remitted to the Supreme Court, Kings County, to reconsider the facts and the law in the light of the record in the Criminal Court of Baltimore, Maryland, establishing that defendant’s alleged deprivation of counsel in the Maryland proceedings, out of which the prior felony conviction arose, occurred after rather than before indictment.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.