People v. Wolochen — 8 N.Y.2d 1044

Majority

p. 1044

The People of the State of New York, Respondent, v. Leonard Wolochen, Appellant.

Argued October 5, 1960;

decided October 13, 1960.

p. 1045

John J. Phelan for appellant.

Edward S. Silver, District Attorney (William I. Siegel 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.