People v. Freccia — 8 N.Y.2d 1043

Majority

p. 1043

The People of the State of New York, Respondent, v. Ralph Freccia, Jr., Appellant.

Argued October 5, 1960;

decided October 13, 1960.

p. 1044

Charles F. Crimi for appellant.

Frank S. Hogan, District Attorney (Daniel J. Sullivan and Harold R. Shapiro of counsel), for respondent.

Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers (People v. Borum, 8 N Y 2d 177 ). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278 ; People v. Breslin, 4 N Y 2d 73 ). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.